Can I File a Hair Relaxer/Hair Straightener Lawsuit?

The safety of hair relaxers and hair straighteners is receiving increased attention these days, with thousands of lawsuits claiming that the chemicals used in these products have caused uterine cancer, reproductive disorders, and other health problems. This article takes an in-depth look at key issues related to these lawsuits, and tells you what you need to know before you file your own case.

Why Are People Filing Hair Relaxer Lawsuits?

Hair relaxing and straightening products rely on a number of chemicals and chemical compounds in order to do their work of breaking down the bonds in keratin, one of the proteins in hair strands, bringing a "relaxing" or "straightening" to naturally curly hair. But in recent years, the safety of chemicals that are essential to this process has come under the microscope, along with their impact on the health of long-time users of hair relaxers and straighteners.

The first connection between hair relaxers/straighteners and reproductive cancers was made in October 2022, when the National Institutes of Health (NIH) published a study finding that women who frequently used these products were more than two times as likely to develop uterine cancer, compared with women who didn't use them.

The NIH study followed over 33,000 women, a majority of whom were Black, and the results confirmed a long-suspected example of health disparity: Hair relaxing and hair straightening products are typically marketed to women of color—and, especially historically, alongside pressure to conform to Eurocentric norms related to appearance—so it is women of color who are disproportionately experiencing health problems linked to these products.

Do Hair Relaxers and Straighteners Cause Cancer?

The science isn't yet clear, and the cause-and-effect between these products and uterine cancer (among other health problems) hasn't been mapped out. But most hair relaxer and hair straightening products contain a number of potentially harmful chemicals and compounds, including:

• parabens
• phthalates (known as "liquid plasticizers" and found in a number of cosmetic products, like hair relaxers/straighteners) including di-2-ethylhexylphthalate (DEHP)
• formaldehyde, and
• other endocrine-disrupting chemicals (EDCs).

Let's take what's currently known about di-2-ethylhexylphthalate (DEHP) as an example of the lack of clear science on the dangers of these chemicals (especially at low risk of exposure):

• The Department of Health and Human Services (DHHS) has determined that DEHP may reasonably be anticipated to be a human carcinogen, based on studies involving rats and mice.
• The U.S. Environmental Protection Agency (EPA) has determined that DEHP is a probable human carcinogen (based on similar studies).
• The International Agency for Research on Cancer (IARC) changed its classification for DEHP from "possibly carcinogenic to humans" to "cannot be classified as to its carcinogenicity to humans," because of differences in how humans respond to DEHP as compared with rats and mice.

As for endocrine-disrupting chemicals (EDCs), according to the National Institute of Environmental Health Sciences, both natural and man-made EDCs can interfere with the body's hormones (which are part of the endocrine system) and cause a wide variety of health issues. EDCs have been linked to a number of cancers (including the ones we'll discuss in the next section).

Pregnant women's exposure to EDCs has also been linked to increased risk of premature birth.

Which Hair Relaxer/Straightener Brands Are Being Sued?

Thousands of lawsuits have been filed against the manufacturers of a number of hair relaxing/straightening products that contain phthalates and other endocrine-disrupting chemicals, including the makers of these popular product lines:

• Africa's Best (House of Cheatham, LLC)
• Dark and Lovely (L'Oréal)
• Optimum (L'Oréal/SoftSheen-Carson)
• Namasté Salon System products (Namasté Laboratories)
• African Pride (Revlon, Inc.)
• Crème of Nature (Revlon, Inc.)
• Just For Me (Strength of Nature, LLC)
• Profectiv (Strength of Nature, LLC), and
• S & B Botanicals (Strength of Nature, LLC)

What Kinds of Cancer Have Been Linked to Hair Relaxer and Hair Straightening Products?

Most of the lawsuits are being brought by women who have used chemical hair relaxing/straightening products for years, and have been diagnosed with:

• endometrial cancer
• ovarian cancer, and
• uterine cancer.

A number of lawsuits also accuse these same manufacturers of failing to warn consumers about the risk that their products might cause endometriosis, uterine fibroids, uterine sarcoma, and breast cancer.

Why Haven't Harmful Chemicals In Hair Relaxers Been Banned?

Phthalates and other endocrine disruptors are found in countless consumer products, including packaging for food and beverages, cosmetics, toys, cleaning products, and rugs (though they're not nearly as ubiquitous as so-called "forever chemicals" like PFAS).

These chemicals haven't been banned partly because their use is so widespread, but also because there is no definitive science on how harmful these chemicals might be at low levels of exposure, and the exact part EDCs play in causing certain health conditions.

Who Qualifies For Filing a Hair Relaxer Lawsuit?

In order to file a personal injury lawsuit against one of the manufacturers of hair relaxer/straightener products listed above (or any other), you'll need to demonstrate that you've been diagnosed with an illness (like uterine cancer) that could reasonably be linked to your use of that product. The mere fact that you've used a hair relaxer or straightener (even for decades) isn't enough to file an injury lawsuit against L'Oréal or any other manufacturer.

There may be other non-injury kinds of legal actions you can file or join, but filing any injury-related lawsuit against a maker of chemical hair relaxers/straighteners requires actual harm caused by use of the product: "damages" in the language of the law. It's not enough to be worried about getting sick, or to be outraged at the manufacturer's lack of concern for their customers' health.

The plain truth is that even if you've used a hair relaxer/straightener for years or decades, and it's one of those products that's named by other claimants in the MDL, a lawyer probably isn't going to take your case—and a manufacturer like L'Oréal definitely isn't going to take that case seriously—unless you can show that you've been diagnosed with an illness that could be linked to your use of the product.

Are There Wrongful Death Lawsuits Over Hair Relaxers?

Yes. When someone dies from an illness that looks like it was linked to long-term use of one of these products, the deceased person's close family members (or their estate) might be entitled to bring a wrongful death lawsuit against the manufacturer. Some of the specifics here (including who can bring this kind of case, and the kinds of losses that might be compensated), depend on the wrongful death laws in your state. But many other key issues will look largely the same, including what's needed in order to establish the manufacturer's liability (more on this later).

What Is the Hair Relaxer MDL?

Around 9,000 hair relaxer lawsuits have been grouped together in a process known as "multi-district litigation," or MDL.

The MDL process is used to help consolidate and streamline many of the steps that will be taken in cases that are very similar to one another. The hair relaxer MDL is officially called In RE: Hair Relaxer Marketing, Sales Practices, And Products Liability Litigation, and there are currently around 9,000 claimants involved.

Having all of these hair relaxer lawsuits in MDL means much of the pretrial and "discovery" processes can be consolidated. That includes depositions, expert witness qualification, document production, and framing the first cases (called "bellwether cases") for trial. All of this can be centralized in one court. Here, that's the U.S. District Court for the Northern District of Illinois.

It also means also that one judge (here, that's Hon. Mary M. Rowland) will be able to make any necessary pretrial ruling on answers to key questions like:

• What level of exposure to phthalates or other EDCs creates a risk of reproductive injury?
• What were the manufacturers' obligations when it came to disclosing the presence of phthalates and other EDCs in their hair relaxer products?

Learn more about how multidistrict litigation works in product liability cases,

Is There a Hair Relaxer Class Action?

People who have purchased and used a hair relaxer or hair straightener that contains harmful chemicals—and who haven't gotten sick or suffered any other physical harm that might be tied to those products—may be able to participate in a class action against the manufacturer.

These kinds of actions are focused on the manufacturer's failure to warn consumers of the dangers of their products, but the claimants' compensation is limited to financial losses over inadequate product warnings and other unfair marketing practices. Class actions like these don't typically ask for or provide compensation for illness or injury caused by the product.

What Does a Hair Relaxer Lawsuit Need to Prove?

Lawsuits over the safety of products like chemical hair relaxers are typically based on "product liability," a fault theory that lets consumers and others hold manufacturers responsible for injuries and illnesses caused by their products.

One common form of product liability involves a manufacturer's obligation to warn consumers about risks involved in a product's use, and most of the hair relaxer/hair straightener lawsuits have zeroed in on this obligation. Specifically, most plaintiffs claim that manufacturers like L'Oréal, Revlon, Strength of Nature, and others failed to properly warn consumers of the health risks posed by the chemicals used in these products, including the risk that they might cause cancer.

As we've already touched on, any actual provable link between these chemicals and health problems like uterine cancer is something of an open question. This "cause and effect" issue—at the intersection of science and the law—is usually the main battleground on which cases like these are fought, and the ones on the front lines will be each side's expert witnesses.

Learn more about proving a product liability case.

How Much Is a Hair Relaxer Lawsuit Worth?

Putting a dollar figure on any kind of personal injury case is never easy, and the wide variety of health issues that have been linked to hair relaxers and straighteners can lead to a big swing in case valuations. It all comes down to understanding and capturing all of the plaintiff's losses ("damages"). Typically, that means analyzing several key factors, including:

• the details of the plaintiff's diagnosis, treatment plan, and prognosis
• the extent and cost of necessary past and future medical treatment (including surgeries, radiation, chemotherapy, medication)
• the impact of the plaintiff's health issues on their ability to earn a living, perform domestic tasks, exercise, participate in hobbies, and other effects on their life, and
• the nature and extent of the plaintiff's mental and physical "pain and suffering" resulting from health problems linked to their use of the defendant's product.

Learn more about damages in a product liability case.

What's the Time Limit For Filing a Hair Relaxer Lawsuit?

Laws known as "statutes of limitations" set a strict deadline on your right to file any kind of lawsuit in court. The deadline depends on the type of case you're bringing, and what the law says in the state where you're filing the lawsuit.

In the majority of states, a special statute of limitations applies to lawsuits like the ones being filed over cancer and other health problems linked to hair relaxer products, which seek to hold manufacturers liable for harm caused by unsafe products. The deadline for filing these kinds of "product liability" lawsuits varies from state to state, but it's usually somewhere between two and six years.

When the person bringing this kind of lawsuit has been using the product for a number of years (maybe even decades), it's not always clear when the "clock" starts for purposes of the statute of limitations deadline. The answer can depend on factors like when the person first started experiencing health problems, or when a diagnosis was first made.

If the starting of the statutory clock looks like it might become a crucial issue in your situation, it's a good idea to talk to a lawyer sooner than later. That's because if the time limit has passed, your right to file a lawsuit will almost certainly be lost. But an experienced lawyer might find a way to "turn back the clock," so to speak, for purposes of the statute of limitations deadline.

Learn more about how the statute of limitations works in product liability cases and. For specifics on how the deadline might affect your hair relaxer lawsuit, talk to an injury attorney.

Do I Need a Lawyer's Help With a Hair Relaxer Lawsuit?

There are plenty of kinds of legal issues that you might try tackling on your own, but a product liability isn't one of them. Having the right lawyer on your side in these kinds of cases can make all the difference in getting the right result. Any product manufacturer you're suing will have a vast amount of resources at their disposal, and you'll need a lawyer who can put together your strongest case while refusing to back down from a fight.

How Will I Pay a Lawyer For Handling My Hair Relaxer Lawsuit?

Lawsuits like these are almost always handled on a "contingency fee" basis, meaning that your lawyer only gets paid for their services if your case settles, or if you receive a verdict in your favor after a civil trial. At that point, your lawyer receives an agreed-upon percentage of your compensation. If you get nothing from the defendant, your lawyer gets nothing for their legal services. But always read the fine print of your fee agreement before signing, especially when it comes to who is on the hook for case expenses or "costs."

Learn more about:

• finding the right injury lawyer
• how injury lawyers get paid, and
• questions to ask a potential personal injury attorney.