As millions of Americans continue to use hair relaxer products, more and more information is coming out about the harmful effects of chemical straighteners. Research has shown that exposure to the chemicals found in hair relaxers can lead to uterine, ovarian, or endometrial cancers. Those who have used hair relaxer products for prolonged periods are now filing product liability lawsuits against the manufacturers. The hair relaxer class action MDL (multidistrict litigation) is gaining traction and is centered in Illinois under the guidance of Judge Mary Rowland.
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July 17, 2024 – Discovery Update
Lawyers for defendants have submitted a Joint ESI Discovery Status Report that details their efforts to agree on search methodologies. Here is the status on some key defendants:
July 4, 2024 – Insurer’s Battling Against Coverage
Selective Way Insurance has petitioned a Georgia federal judge for exemption from defending House of Cheatham, a defendant in the hair relaxer MDL.
June 28, 2024 – Fact Sheets
A group of plaintiffs filed a motion for a 60-day extension to submit completed PFSs. A failure to comply could result in a dismissal without prejudice for each listed plaintiff for one year.
June 3, 2024 – 300 Cases Dropped
The number of cases in the MDL dropped by nearly 300. This is because many have opted not to proceed with non-cancer injuries. The total number of pending cases now stands at 8,170.
May 24, 2024 – Plaintiff Fact Sheets
Defendants are accusing Plaintiffs’ of attempting to circumvent Case Management Order #9 by submitting blank Plaintiff Fact Sheets.
If a blank PFS is submitted, it gives the plaintiffs extra time to comply, as defendants have to go through PFSs and then send warning letters that come with a 30-day period to cure deficiencies. This delays the process significantly.
This is not a widespread or common practice.
May 16, 2024 – Requested Dismissal of Certain Cancer Cases
Plaintiffs’ lawyers are seeking permission to dismiss certain cancer-related cases without prejudice. These cases include those plaintiffs that believed they had ovarian, uterine, or endometrial cancer but later found out this was not the case.
May 12, 2024 – ESI Special Master
Maura Grossman is named the ESI Special Master.
May 6, 2024 – Special Master Appointment Battle
Maura Grossman was appointed as special master, but this has rankled those involved. The response from defendants is due today.
May 2, 2024 – FDA Misses Deadline to Ban Formaldehyde
The FDA missed its deadline on its proposed ban on formaldehyde in hair-straightening products. There is no explanation from the FDA on the delay.
May 1, 2024 – MDL Growth Continues to Slow
April saw only 81 new cases. The total pending cases is now 8,468.
April 1, 2024 – Case Filings Continue to Decline
With only 53 new cases over the past month, the MDL growth has slowed significantly. The total pending cases is now 8,387.
March 8, 2024 – L’Oreal Loses Discovery Motion
Initially, plaintiffs had filed a motion to compel discovery from foreign affiliates, including L’Oreal S.A. – they argued for reconsideration based on factual inaccuracies and were denied. While this motion was denied, L’Oreal USA was given an extension to coordinate with L’Oreal S.A. to address concerns about logistics.
March 1, 2024 – MDL Continues to Grow Slowly
117 new cases were added over the past month, bringing the total to 8,334 pending cases.
February 2, 2024 – 191 More Cases Added
This brings the total pending cases up to 8,217.
January 15, 2024 – 42 New Cases Added, MDL to over 8,000 Cases
This brings the total pending cases up to 8,026.
January 8, 2024 – Bellwether Trials Scheduled
The initial bellwether trial is set for November 23, 2025, with the second trial set for February 2, 2026.
December 18, 2023 – MDL Growth Continues but Slows Down
17 new cases were added to the MDL in December. There are now 7,984 pending cases.
November 28, 2023 – 11% MDL Common Benefit Fund
On November 22, 2023, the plaintiffs’ leadership in the MDL file a motion requesting an order for an 11% common benefit fund holdback. A common benefit fund is established to compensate lawyers for work that benefits all plaintiffs in the MDL. The court creates the fund and pools a portion of any settlements or recoveries from individual cases. The 11% is higher than that seen in previous MDLs – the 3M earplug lawsuit was capped at 9% and 3% for Camp Lejeune.
November 21, 2023 – Statute Conference
In Illinois, Judge Mary M. Rowland conducted a status conference. The following updates came from the conference:
November 17, 2023 – 7,967 Cases Filed
As of November 17, 2023, nearly 8,000 pending hair relaxer cases are in the class action MDL. Over 2,000 were added in the last month. Since August, there have been roughly 500 new cases per week.
November 14, 2023 – Motion to Dismiss Rejected
Judge Mary M. Rowland has upheld the majority of claims against many major hair relaxer manufacturers. She found that federal law does not invalidate the plaintiffs’ state law claims, specifically those alleging product liability and negligence. The court did dismiss fraud claims for failing to meet Rule9(b)’s specificity requirements but allowed claims of unfair conduct to proceed. Most importantly, punitive damages are still permitted in the case. State law and the Magnuson-Moss Warranty Act still meet the standards for continuation concerning warranty claims.
November 1, 2023 – 11% Requested for Plaintiff Benefit Fund
Lead counsel in the hair relaxer lawsuits wants a sum equivalent to 11% of every case’s gross settlement or verdict. From this, 8% would be allocated to the common benefit work, while the remaining 3% would be to reimburse common benefit expenses.
This percentage does not impact how much compensation each individual will be awarded.
October 19, 2023 – New Hair Relaxer Rule Proposed by the FDA
The FDA is proposing a new regulation that would ban the use of formaldehyde in all hair relaxer products. Formaldehyde is a known toxic substance and has been linked to numerous types of cancer, including leukemia. It has not been linked to uterine or ovarian cancer.
October 16, 2023 – 3,752 New Cases Filed
Over the past month, 3,752 new hair relaxer cases have been added to the MDL, bringing the total to 5,996.
October 9, 2023 – Plaintiffs Win Discovery Battle
Judge Mary Rowland weighed in on several discovery disputes – she mostly ruled in favor of plaintiffs. One decision required the defendants to produce documents that the defense argued were related to patent-related materials. Defendants have until November 23, 2023, to produce the documents.
September 27, 2023 – Case Management Order No. 9 Issued by Judge Rowland
Judge Mary Rowland issued Case Management Order No. 9 – Service of and Responses to Short Form Complaints (CMO 9). The order details the procedural rules for filing Short Form Complaints by new plaintiffs and responding to SFCs.
September 1, 2023 – New Defense Counsel
Dabur International (parent company of Namaste Laboratories) replaced its defense team from Kirkland & Ellis LLC with lawyers from Baker & McKenzie LLP.
August 17, 2023 – Master Complaint
The MDL now has a Master Complaint.
August 4, 2023 – Judge Rowland Approves Short Form Complaint
Judge Rowland has entered an official Short Form Complaint (SFC) for all future hair relaxer lawsuit plaintiffs. All new cases can be filed directly in the class action MDL.
July 1, 2023 – Motion to Bifurcate Discovery Filed
Defendants have requested the court to bifurcate and stay all discovery unrelated to general causation.
May 11, 2023 – Procedure to File
The court issued an order to clarify how to file a new case related to the hair relaxer MDL.
A new case must be filed separately in the Northern District of Illinois. The filing must mention Judge Mary Rowland and master docket number 23 CV 0818 on the cover sheet. Refer to the format and requirements listed in the Direct Filing Order and Case Management Order No. 2.
April 27, 2023 – Link Between Hair Relaxers and Decreased Fertility
Boston University’s School of Public Health led a study that concluded there was a link between the usage of chemical hair straighteners and relaxers and a decline in fertility.
April 2023 – Europe Pushes to Ban Hair Relaxers
Politicians and activists in the UK are calling for L’Oreal and other cosmetic companies to remove hair relaxer products from store shelves completely. British organization Level Up published an open letter to cosmetic companies, urging them to take harmful products out of circulation. It was signed by many high-level UK politicians.
March 31, 2023 – New Order to File Directly
A new order from the Chicago MDL allows plaintiffs to file hair relaxer lawsuits directly in the MDL instead of filing in their home state and waiting for the court to transfer their claim.
February 7, 2023 – Assignment of Judge Mary Rowland
The hair relaxer litigation has been assigned to Judge Mary Rowland in the Northern District of Illinois in Chicago.
February 6, 2023 – Hair Relaxer Class Action Lawsuit
The hair relaxer class action lawsuit was officially approved byt he JPML Panel. All federal hair relaxer lawsuits will be housed in Illinois.
January 27, 2023 – Class Action Hearing
The MDL Panel will determine if the hair relaxer lawsuits will be a class action. They will likely rule in February.
January 4, 2023 – New Hair Relaxer Lawsuit Filed in Missouri
A new hair relaxer lawsuit was filed yesterday in Missouri, alleging the products cause uterine cancer. It named L’Oreal USA, Inc., SoftSheen-Carson LLC, Strength of Nature Global, LLC, and Namaste Laboratories, LLC as defendants.
It’s never too late to fight for your rights. Contact us today to explore your options if you have been diagnosed with uterine, ovarian, or endometrial cancer due to hair relaxer use.
Our team of experienced litigators focuses on cancer-related exposure and has a track record of success. We care about you and your family and holding responsible parties accountable. Your fight is our fight.
