The Scientific Link Between Hair Straighteners and Uterine Cancer
A recent study published in the Journal of the National Cancer Institute and conducted by the National Institutes of Health (NIH) has discovered an increased risk of uterine cancer among people that use hair straightening chemicals or relaxers. Also, black women have a much greater risk of developing endometrial cancer, the most common form of uterine cancer.
Frequent users of chemical relaxers were more than twice as likely to develop uterine cancer compared to the general population who did not use hair relaxers. A frequent user is someone who treats their hair with chemical straighteners or relaxers at least four times a year.
Medical researchers were puzzled for decades why uterine cancer rates were so disproportionately high among black women. It turns out black women are not predisposed to uterine cancer or ovarian cancer. The study showed that the relationship between uterine cancer incidence and hair relaxer use did not differ because of race. Rather, black women are disproportionately impacted because they use chemical hair straightening products more than other races. This is due to societal pressure on women of color to have straight hair as opposed to curly hair.
How Our Product Liability Lawyers Can Help You Bring a Hair Straightener Lawsuit
There is currently a multidistrict litigation that consolidates a large number of hair straightener lawsuit claims filed by those who have been affected by this increased cancer risk. The team at Dolman Law Group is representing plaintiffs who have been affected by hair straightener cancer, and we are prepared to fight for your rights as well.
Dolman Law Group is an award-winning personal injury law firm dedicated to assisting clients harmed by defective products. Our product liability lawyers have over 120 years of combined experience representing clients suffering debilitating injuries. We can provide you with the skills and insight developed through this experience to build a successful case.
The makers of products like chemical hair straighteners owe consumers a basic duty of care. Their failure to provide a product free of the unnecessary risk of cancer or, at the very least, a warning about this risk can potentially make them liable for the damages consumers of their products have suffered.
Speaking to a product liability lawyer can shed light on whether you may be able to take legal action, which parties may be liable, what damages you can recover, and more. With our assistance, clients have obtained the compensation they need to get their life back on track and hold negligent companies responsible for the injuries and financial consequences their products cause.
Uterine Cancer Diagnoses — Hair Straighteners Could Increase the Risk
Chemical hair straightening products are used primarily to help style curly or wavy hair by breaking down its structure. They are often used repeatedly to maintain the effect, which is now believed to put many users at risk for uterine cancer, ovarian cancer, and uterine fibroids requiring extensive treatments, including hysterectomy.
The endocrine-disrupting chemicals in hair straightening or hair relaxer products are likely the cause of these cancers, based on the study mentioned above by the National Cancer Institute. At a very minimum, these chemicals have been shown to cause adverse health effects. Most specifically, the risk of developing uterine cancer has now been firmly linked to hair straightener use.
If you use hair straightening products and have been diagnosed with uterine cancer, please reach out to us right away at 866-481-5347.
The First Hair Straightener Lawsuit Filed in 2022
Following a diagnosis of uterine cancer in 2018, Jenny Mitchell was the first person to file a hair straightening lawsuit in the United States Federal Court for the Northern District of Illinois. Mitchell’s lawsuit alleges that exposure to phthalates and other endocrine-disrupting chemicals in hair relaxers she used led to her developing endometrial cancer at age 28. In turn, she underwent a full hysterectomy before her 3oth birthday rendering her permanently infertile.
Thus, her lawsuit blames hair straighteners for causing uterine cancer. While this may have been the first chemical hair straightening lawsuit to be filed, a slew of others was not far behind. Over the past months, a large number of plaintiffs have filed claims and joined the ongoing hair relaxer lawsuit.
Chemical Hair Straightener Cancer Lawsuit Basics
Hair products, like other cosmetics and household products, should meet rigorous safety standards. Consumers should expect their personal care products to be safe for use without danger to their health. However, the FDA does not regulate the cosmetics industry. The presence of cancer-causing (carcinogenic) chemicals can be grounds for filing a product liability lawsuit to seek compensation for damages suffered as a result of negligence.
We believe L’Oreal was negligent in using phthalates, an endocrine-disrupting chemical that has been causally related to cancers of the female reproductive system. Phthalates have been linked to uterine cancer and ovarian cancer. We suspect they potentially play a large role in the creation of uterine fibroids as well. A recent study links uterine fibroid growth to phthalates. Uterine fibroids may result in a hysterectomy that renders a woman permanently infertile.
Dolman Law Group is a nationally recognized and award-winning law firm that has assisted many clients with mass torts, catastrophic injury, and product liability lawsuits ranging from consumer goods to defective drugs. We are at the forefront of the hair straightener uterine cancer lawsuit. Contact our hair straightener lawsuit attorneys about the possibility of taking legal action if you have developed uterine cancer, ovarian cancer, or uterine fibroids requiring a hysterectomy due to the regular use of hair straightening products.
Current Updates on the Chemical Hair Straightener Uterine Cancer Lawsuit – April 2024
Dolman Law Group has been involved in the hair relaxer lawsuit since mid-October of 2022, and this post will remain the most up-to-date web page concerning developments in this lawsuit. We were among the first law firms in the nation to represent women who were diagnosed with uterine cancer, ovarian cancer, and uterine fibroids that resulted in a hysterectomy following the use of chemical hair relaxers.
Be sure to bookmark this page and return often for the most current updates.
April 10, 2024 – Dispute Over Voluntary Dismissals, Case Filings Slow, Plaintiff Fact Sheets Due
As new lawsuit filings slow, another group of Plaintiff Fact Sheets is expected next week. In the past 30 days, only 53 new cases joined the MDL, bringing the total number of hair relaxer lawsuits to 8,387.
Meanwhile, some plaintiffs have asked to voluntarily dismiss or amend their complaints for various reasons before the defendants answer. The hair straightener manufacturer defendants are objecting by claiming these dismissals violate MDL rules. The team at Dolman Law Group believes any plaintiff should have the right to dismiss their claim, especially if they are too ill from cancer or their cancer treatment to continue fighting.
March 4, 2024 – Court Appoints Special Master in MDL; Defendants Try to Limit Expenses. 117 New Cases Join MDL
After much discussion, a Special Master was appointed last month to handle certain complex litigation issues. Following disputes about several potential candidates, retired judge Paul Grimm was named by the court. The defendants have requested a fee cap of $10,000 per month on Judge Grimm’s involvement. At his regular hourly rate, Judge Grimm would only be able to devote approximately 13 hours each month to this MDL. Lawyers for the plaintiffs do not agree to any fee restrictions.
With the addition of only 117 new cases in February, the total number of hair straightener lawsuits in the MDL has risen to 8,334. If these products have harmed you, reach out today to learn more about your legal rights.
February 6, 2024 – Hair Relaxer MDL Focuses on 3 Types of Cancer, Almost 200 More Cases Join the MDL
Plaintiffs’ cases are being sorted by the type of cancer suffered by the hair relaxer product users. The top three types of cancer (those that should be the easiest to prove) are uterine cancer, ovarian cancer, and endometrial cancer. If you have suffered one of these cancers after using hair straightener products, your case is considered one of the strongest.
With the addition of 191 new cases in January, the total number of hair relaxer lawsuits in the MDL is now 8,217. It appears the influx of new cases has fallen and even plateaued since last summer when several months saw thousands of new case filings.
January 19, 2024 – Possible Plateau in Hair Relaxer Lawsuit Filings
Between December 2023 and January 2024, the monthly average number of hair relaxer filings has steadily diminished, potentially representing a plateau in enrollment. Nevertheless, eligible claimants are still permitted to seek entry to the legal proceedings with the assistance of qualified uterine cancer hair relaxer lawyers.
January 8, 2024 – Pending Cases in MDL Surpass 8,000
Over 8,100 users of carcinogenic hair straighteners have sought enrollment in the extensive hair relaxer MDL, which we expect to expand considerably in the future. The majority of the cases are still pending while Judge Mary Rowland and the parties establish a protocol for conducting discovery. The trajectory of the litigation, while turbulent, has been remarkable, with consistent increases in filings since the initial establishment of the MDL in February 2023.
January 3, 2024 – Prosecution Investigates Foreign Sales of Hair Relaxer Manufacturers
In November 2023, Judge Mary Rowland dismissed Dermovia Skin Essentials, Incorporated and Dubar International Limited from the litigation, citing the court’s lack of jurisdiction over international offenders. However, in a recent ruling, Judge Rowland granted the prosecution’s request to extend discovery into current defendants’ international sale of hair care products. The development represents the court’s role in influencing the nature, speed, and scope of the parties’ fact-finding.
December 28, 2023 – New Study Links Use of Hair Relaxers and Uterine Cancer
A new study links the use of chemical hair relaxers and uterine cancer. In what has been titled the Black Women’s Health Study, 45,000 black women who self-reported regular use of chemical hair relaxers displayed a significant increase in the reporting of a uterine cancer diagnosis. The authors of this study concluded that exposure to endocrine-disrupting chemicals leads to an increase in reproductive cancer among women.
December 18, 2023 – New Hair Relaxer MDL Plaintiffs and Common Benefit Fund
The number of plaintiffs participating in the chemical hair relaxer MDL has increased consistently in the final quarter of 2023. Currently, nearly 8,000 users of potentially carcinogenic chemical hair straighteners have enrolled in the multidistrict litigation, which is slated to expedite the discovery process in early 2024.
Earlier this month, the court-appointed Leadership Development Committee (LDC) submitted a request to the court for the establishment of a common benefit fund. The funds will serve to compensate attorneys participating in the LDC for the services rendered on behalf of the plaintiffs. The court filing requests an 11% rate from the fund, which is steep in comparison to recent mass torts and multidistrict litigation.
November 13, 2023 – Judge Rowland Denies Defendant’s Motion to Dismiss Based on Preemption
Defendants such as L’Oreal and Revlon argued that the plaintiff’s state law claims are preempted by federal law. Their motion to dismiss was denied by Judge Rowland who ruled plaintiffs failed to meet their burden of proof on preemption. Thus, the plaintiff’s claims for failure to warn and general negligence have survived and will proceed forward.
Judge Rowland further ruled that the plaintiffs failed to meet the burden for rule 9(b) fraud-based claims, which is not a huge deal. The plaintiff’s claim for unfair conduct under Rule 8(a) was met. The Judge also ruled the plaintiff’s demand for punitive damages would survive as the defendant’s motion to dismiss this claim was denied.
October 15, 2023 – Plaintiffs Prevail in Discovery Dispute
Judge Rowland ordered a new deadline of November 23, 2023, to respond to discovery production and overruled defendants’ standing objections.
October 7, 2023 – Judge Rowland Approves Short Form Complaint
Judge Rowland has set forth the rules and procedures for utilizing a short-form complaint in the hair relaxer MDL. This will allow plaintiffs to streamline lawsuits into the MDL.
October 1, 2023 – 2000 Hair Relaxer Lawsuits Filed Into MDL
As of last evening, there are now over 2000 chemical hair relaxer lawsuits that have been filed into the MDL alleging that exposure to these endocrine receptor chemicals has resulted in uterine cancer. This is a fast-growing mass tort with more money devoted to television advertising each month.
August 27, 2023 – Status Conference Held in Hair Relaxer MDL
A status conference was held this week wherein a number of issues were addressed. First Judge Rowland has set a deadline for August 30, 2023, for both parties to file a joint status report on defendant McBride’s recently filed motion to dismiss. Another issue addressed is bankruptcy issues concerning Revlon who is a principal defendant. A bankruptcy lawyer addressed Judge Rowland.
August 18, 2023 – New Master Complaint Created For Hair Relaxer Lawsuit MDL
A new master complaint has been filed into the MDL. This will enable plaintiffs to expeditiously file hair relaxer cancer lawsuits directly into the MDL going forward. The master complaint is nearly 400 pages and provides a comprehensive breakdown of what the plaintiffs are alleging in these cases.
August 1, 2023 – Over 250 Hair Relaxer Lawsuits in the MDL
There are now over 400 lawsuits that are part of the chemical hair straightener MDL. Television advertising continues to grow. This is one of the fastest-growing mass torts as advertisements continue educating consumers about the potential risks of medical conditions related to hair care products.
July 5, 2023 – Defendants Try to Delay Chemical Hair Straightener Lawsuit MDL By Requesting Limited Discovery Procedures
The defendants are requesting a division of pre-trial discovery issues. They want all efforts at this point focused on general causation issues and whether there is sufficient evidence to link hair relaxers to uterine cancer and other serious conditions. All other discovery issues would be delayed until the causation issue is fully investigated.
The plaintiffs oppose this tactic because it will only delay the case, potentially for years. Instead, plaintiffs want to push for a trial date to put pressure on the defendants to make a reasonable settlement offer rather than face a potential multi-million dollar verdict. We expect the court will deny the defendants’ motion and help move the cases along as quickly as possible.
As of June 16th, there were 149 pending hair relaxer cancer cases in this multi-district litigation, with 25 new cases filed in the 30 days since mid-May.
June 5, 2023 – Filing Deadline Today for Briefs Outlining Causation Issues
The court set today’s deadline for both sides to file a brief explaining whether hair straightening or relaxing products can cause the many illnesses and injuries alleged. As further support for the MDL, a recent study released by the Boston University School of Public Health has linked the use of hair-relaxing products to a lower fertility rate.
Like other research that found harmful endocrine-disrupting chemicals in these products, this recent study published in the American Journal of Epidemiology found a racial impact. The authors determined that women of color (black, Hispanic, and multi-racial) have a greater likelihood of fertility problems because they use hair straighteners more frequently and for longer periods of time, starting at a younger age.
Considering the Sister Study discussed on this page and the most recent Boston U. report, it will be interesting to see how the defendants try to invalidate the scientific proof linking these hair products to various illnesses, and uterine cancer in particular.
June 1, 2023 – MDL Discovery Procedures Addressed and Master Complaint in Place
During May, the parties addressed procedures to help move the MDL along. Handling such a large volume of relevant documents, many of which may be confidential or privileged, will require certain management and disclosure processes. Two points of contention remain: how to handle electronically stored documents and overall confidentiality issues.
A Master Complaint has been created to help plaintiffs enter the MDL using a comprehensive form that includes shared allegations among all potential claimants. One of the main allegations in this litigation relates to ongoing harm experienced by users of hair-relaxing products that contained endocrine-disrupting chemicals. In addition to the Master Complaint, each plaintiff must prepare and file a Short-Form Complaint that sets forth the specific details, allegations, and damages unique to their claim.
As of March 15, 2023, the MDL contained 124 pending cases. More than 100 cases were added in the past three months alone.
May 1, 2023 – Plaintiffs can now file their lawsuits directly in the MDL
Until recently, people who wanted to bring legal action against L’Oréal were required to file a hair relaxer class action lawsuit in their local federal court and request a transfer to the national multidistrict litigation (MDL) located in the Northern District of Illinois. Judge Mary Rowland, who is in charge of the MDL, has made it easier to participate in the MDL by allowing direct filings using a short-form complaint.
Earlier this month, the MDL contained more than 100 cases, but with this recent ruling, we expect the addition of hundreds of cases every month through this summer.
February 8, 2023 – The Multidistrict Hair Straightener Lawsuit (MDL) is Created
The Judicial Panel on Multidistrict Litigation (JPML) issued an order consolidating all existing lawsuits filed in federal courts throughout the U.S. into a new hair relaxer MDL (Multidistrict litigation) with venue in the Northern District of Illinois under Judge Mary Rowland. Although the MDL started with only 60 cases, we anticipate at least 100 plus hair relaxer lawsuits will be added to the MDL each and every month going forward. This has the potential to develop into a massive lawsuit in the coming months.
Judge Rowland will be tasked with managing the various parties, their pre-trial coordination, and, potentially, bellwether trials in the future.
The creation of the MDL faced opposition from defendants who argued that an MDL was not suitable since the hair straightener lawsuit names several competing hair relaxer manufacturers, and plaintiffs used various brands throughout their lives. They also pointed out that no clear chemical culprit has been named as the one responsible for the injuries suffered by the plaintiffs.
Despite this, the MDL was created in the interest of efficiency when handling not just the existing hair relaxer lawsuits but the vast number of claims that are expected to be filed in the future.
January 26, 2023 – Defendants Formally Object to a Hair Relaxer Lawsuit MDL
Arguments for and against a hair relaxer MDL were heard by the Judicial Panel on Multidistrict Litigation today in Miami. Plaintiffs argued that chemicals found in products such as Dark & Lovely, Just for Me, Motions, Olive Oil Relaxer, Organic Root Stimulator, and others caused them to develop cancer of the uterus or ovaries as well as uterine fibroids resulting in a hysterectomy.
Further, the plaintiffs contend these hair relaxer products were specifically marketed to African-American women. Plaintiffs have requested a consolidation of all federal lawsuits in the United States Federal Court for the Northern District of Illinois.
L’Oréal argues that all lawsuits should not be consolidated as they cover numerous defendants and products. The defendants would prefer to defend lawsuits filed in federal courts throughout the country. In the alternative, they have requested a consolidation of all hair relaxer lawsuits in the Southern District of New York (SDNY).
December 28, 2022 – Defendants Oppose a Multidistrict Hair Straightener Lawsuit
Multiple defendants have now filed motions opposing the transfer of venue and the creation of a national chemical hair relaxer uterine cancer MDL. Over the last ten days, responses from L’Oréal, Strength of Nature, Dabur, and House of Cheatham, have been filed with the Joint Panel on Multidistrict Litigation.
L’Oréal and the above-named companies opposed the centralization of these lawsuits and alleged the vast number of defendants and diseases make consolidation an inefficient solution. In fact, they would prefer the lawsuits continue on their current tracks throughout the nation. Further, they also oppose the Northern District of Illinois as a venue, and L’Oréal, for one, would prefer the venue to be the Southern District of New York should an MDL be created for the hair relaxer class action lawsuit.
December 17, 2022 – Arguments Held to Determine Hair Straightener Lawsuit Procedures
The Joint Panel on Multidistrict Litigation (JPML) entertained oral arguments on whether all pending hair straightener uterine cancer lawsuits should be consolidated into a new MDL. A group of plaintiffs has argued that the common questions of fact and law contained in these lawsuits spread throughout Federal jurisdictions should be consolidated in order to streamline discovery and set bellwether trials in the near future.
MDLs are created to avoid redundancy in discovery across potentially thousands of cases. Further, an MDL prevents a situation where pre-trial rulings conflict with one another, and common witnesses would be trekking all over the nation to appear in various lawsuits.
December 11, 2022 – Judicial Panel to Decide Fate of Proposed MDL
The Judicial Panel on Multidistrict Litigation (JPML) has scheduled a hearing for January 26, 2023, in Miami, to determine whether all pending hair relaxer lawsuits filed in federal courts throughout the U.S. should be consolidated into one jurisdiction. Defendants oppose the motion to consolidate all lawsuits into an MDL (Multidistrict Litigation) due to the numerous defendants and products involved.
We believe the JPML will rule in favor of consolidating all lawsuits. Many recent mass tort lawsuits, including the Tylenol autism lawsuit, have been consolidated into an MDL despite various defendants and products involved in the underlying actions.
November 15, 2022 – Plaintiffs File a Motion to Consolidate Hair Straightener Lawsuits
A number of plaintiffs came together and filed a motion with the Joint Panel on Multidistrict Litigation (JPML) to transfer actions and establish a national hair straightener uterine cancer MDL (Multidistrict litigation). The plaintiffs seek to consolidate all chemical hair relaxer lawsuits that are currently pending in Federal Courts throughout the United States and have them brought into a single jurisdiction before one Judge.
In their memorandum of law, the plaintiffs requested that all hair straightener lawsuits be consolidated in the United States District Court for the Northern District of Illinois *Chicago). We anticipate the defendants (the largest being L’Oreal) will oppose this motion for consolidation due to the number of defendants and products involved. Further, we expect defendants to propose alternative jurisdictions to the Northern District of Illinois.
November 4, 2022 – Hair Relaxer Class Action Lawsuit Filed
A class action lawsuit was filed on November 3, 2022, in the United States District Court for the Northern District of Illinois. The lawsuit seeks class-action status for the named plaintiffs and all individuals similarly situated and names L’Oreal USA, Inc., L’Oreal USA Products, Inc., and Softsheen Carson, Inc., as defendants. Each woman plaintiff claims they purchased a chemical hair relaxer product containing endocrine disrupting chemicals, but they would have never purchased the product if they had been warned it contained potentially toxic chemicals.
What makes this class action lawsuit unique is that all plaintiffs expressly admit they have not been diagnosed with any injury related to the hair products. However, they request that L’Oréal pay for medical monitoring going forward, including testing and preventative screening.
In essence, the plaintiffs contend their regular exposure to toxic chemicals makes them susceptible to uterine cancer, ovarian cancer, and uterine fibroids. Testing and preventative screening are essential as early detection of hormone-based cancers can potentially save lives or greatly reduce medical expenses incurred in the treatment of such.
We are curious if a trend will develop in hair relaxer litigation, where other law firms begin pursuing medical monitoring claims due to a failure to warn of dangers related to hair products.
October 22, 2022 – Chemical Hair Relaxer Class Action Lawsuit Generates Media Attention
Famous civil rights attorney Ben Crump has filed a lawsuit on behalf of Jenny Mitchell against L’Oreal, alleging that Ms. Mitchell’s regular use of their brand, Dark & Lovely, resulted in the development of uterine cancer. The lawsuit followed on the heels of a new study published in the Journal of the National Cancer Institute, which found women who regularly used chemical hair relaxers (defined as at least four times a year) were more than 2.5 times likely to develop uterine cancer. Hair care products are now being linked to uterine cancer and other reproductive cancers.
Uterine Cancer and the Damage it Causes
Uterine cancer, as its name suggests, is cancer located in the uterus, usually beginning in its lining (endometrium). It is one of the more common gynecological cancers that affect the female reproductive system. However, in many cases, it can be cured in the early stages through a hysterectomy and other treatments such as immunotherapy and chemotherapy.
Types of Uterine Cancer
There are two types of uterine cancer:
- endometrial cancer
- uterine sarcoma
(We have seen anecdotal claims that other types of cancer could be related to chemical hair relaxers but there is no peer-reviewed medical data stating such.)
Endometrial cancer, the most common form of uterine cancer, grows within the lining of the uterus. It occurs when cells located in the lining of the uterus increase in number and grow out of control. Endometrial cancer is also known as endometrial carcinoma. In turn, endometrial cancer is divided into a number of subclassifications based on how the cancer cells appear under a microscope. The most common type of endometrial cancer is adenocarcinoma.
Uterine sarcoma is a very rare form of uterine cancer that grows within the muscle and supporting tissues of the uterus.
Uterine cancer is hormone-based, and a women’s hormonal balance plays a large role in the vast majority of endometrial cancers. Estrogen leads to the development and growth of uterine or ovarian cancer; hence, endocrine-disrupting chemicals are a significant risk factor for both types of cancer.
Uterine cancer can be an incredibly painful and distressing illness. As with any malignant cancer, it has the potential to create significant damages, such as overwhelming medical bills, lost wages, mental anguish, and loss of quality of life. Consumer rights are a pillar of our society and critical to our well-being and safety. When products cause illnesses and health risks as serious as uterine cancer, a product liability lawsuit and mass torts case should be considered.
Do the Chemicals in Hair Straighteners Cause Uterine Cancer?
The Link Between Endocrine-Disrupting Chemicals and Uterine Cancer or Other Health Conditions
Many chemical hair straightening products contain endocrine-disrupting chemicals (EDCs), which alter and disrupt the functions of our endocrine system. Disruption of the endocrine system can lead to several diseases controlled by our hormones, such as diabetes, obesity, and cancer.
Read more
https://www.dolmanlaw.com/blog/hair-straightener-uterine-cancer-lawsuits/
