Posted On October 26, 2022 Personal Injury,Product Liability and Class Action News
Earlier this month, a woman filed a lawsuit against cosmetic giant L’Oréal based on allegations that the company’s hair straightening products caused her to develop uterine cancer. While this is the first lawsuit against L’Oréal based on the company’s hair straightening products, based on the number of people who reportedly use the product, it would appear that there may be many more similar lawsuits to come.
If you used Motions, Organic Root Stimulator Olive Oil Relaxer or Dark & Lovely, or any other L’Oréal hair relaxer and developed uterine cancer or another serious health condition, it may have been caused by dangerous chemicals contained in the hair relaxer product, and you may have a legal claim against the company. If successful, you could recover meaningful compensation that will enable you to overcome many of the challenges you face. Not only that, but product liability lawsuits also send a strong message to manufacturers that they cannot continue to market products they know to be harmful without warning consumers.
At the law firm of Console & Associates, P.C., we recognize the difficulties your family has gone through and want to help you make a difference. Our team of personal injury lawyers is actively investigating product liability claims against the manufacturers of chemical hair relaxers containing phthalates, an endocrine disrupting chemical that studies show can cause uterine cancer. As a part of our investigation, we are scheduling free consultations for individuals who used L’Oréal hair straightening products or similar products from other manufacturers. We can help you understand your rights and explain your legal options.
The recently filed case against L’Oréal is a product liability claim. A product liability claim is a type of personal injury case brought by a person who was injured as a result of a dangerous or defective product. Most product liability claims are filed against the product manufacturer, although some proceed against distributors, retailers, and other parties in the distribution chain.
One unique aspect of product liability claims is that, oftentimes, an injured party does not need to prove that the manufacturer was negligent; it is enough to show that the product contained a defect that caused their injuries. While this makes product liability claims easier to prove in some ways, there are still challenges that arise when attempting to establish a company’s product was defective or unreasonably dangerous.
Currently, there is medical research suggesting that some of the chemicals contained in certain L’Oréal hair straightening products increase a woman’s chances of developing cancer of the uterus. For example, a recent study published by the Journal of the National Cancer Institute found that the risk of developing uterine cancer in women who use chemical hair-straightening products was 4% by age 70. However, the risk of developing uterine cancer among women who did not use these products was just 1.6%. Thus, according to this study, women who used hair relaxer products were more than two times as likely to develop uterine cancer.
L’Oréal and other companies that manufacture chemical hair relaxers use phthalates, or plasticizers, in these products to create a “softer” feel to the product. However, research suggests that these phthalates can interrupt the normal functioning of the endocrine system, which is the bodily system that regulates the production of hormones. In fact, phthalates are known as “endocrine disrupting chemicals (“EDCs”) due to the effect they have on the body.
Hair relaxers are applied to the base of the hair and necessarily come into contact with the scalp. It is common for those who use these products to develop “burns” from the product. These harmful chemicals can seep into the body through the openings caused by the burns.
Yes, there is evidence suggesting that L’Oréal was aware of the harmful effects of the chemicals used in the company’s hair straightening products as early as 2015. However, under existing FDA regulations, L’Oréal was not required to obtain prior approval before releasing the products to market. Additionally, hair product manufacturers are not required to specifically list each chemical contained in their products and instead lump them together under “fragrance” or “perfume” ingredients.
The result is that those who purchased L’Oréal hair straightening products had no idea that the product contained a dangerous chemical that could cause them to develop cancer. However, L’Oréal apparently knew that its products contained dangerous phthalates and that these chemicals can lead to severe health conditions, which is the basis of the recently filed lawsuit against the company. Specifically, the plaintiff is claiming that L’Oréal “actively and intentionally concealed and/or suppressed material facts, in whole or in part, to induce consumers, including Plaintiff, to purchase and use the Products and did so at her expense.”
Chemical hair relaxer products manufactured by L’Oréal and other companies contain endocrine disrupting chemicals known as phthalates, which can interfere with the body’s normal functioning. More specifically, scientific and medical research suggests that there is a link between exposure to phthalates and the following medical conditions:
Unfortunately, those who suffer from these conditions may have no idea that they could have been caused by the use of L’Oréal hair straightening products. However, now that the case against L’Oréal is gaining national publicity, it is likely that other women, as well as the family members of women who have since died due to any of these conditions, will seek justice against the company for their losses.
The evidence presented in the recent case suggests that L’Oréal has knowingly sold hair care products containing cancerous chemicals to consumers since 2015. As a result, an unknown number of people may have suffered from life-changing diagnosis, including cancer of the uterus. At Console & Associates, P.C., our product liability lawyers have a 25-year track record of holding companies accountable for the dangerous products they sell. If you or a loved one developed uterine cancer or another serious medical condition after using chemical hair relaxers, the law firm of Console & Associates, P.C. can help. At Console & Associates, P.C., we are actively investigating L’Oréal hair straightening lawsuits on behalf of those who believe they were affected by these dangerous products. If you are interested in learning more about pursuing a L’Oréal product liability claim, reach out to an experienced product liability lawyer at Console & Associates, P.C., at 866-778-5500 or complete our contact form. We will attentively listen to your story, answer your questions, and offer you guidance about how you may be able to pursue a claim against the parties responsible for your injuries or loss.