Hair Relaxer Lawsuit and Reproductive Cancers: What to Know

Hair Relaxer Lawsuit and Reproductive Cancers: What to Know

Doug Mann

Last updated on August 8th, 2023

What Are Hair Relaxers?

Hair relaxers are lotions or creams that are applied to the hair in order to chemically loosen the tightness of curls to give a smoother feel and appearance. They can be applied professionally, such as in a salon, or as a home hair treatment.

Relaxers are related to perms, but the chemicals used can be slightly different. There are generally two types of hair relaxers: lye and no-lye. Both of these types have their own benefits and drawbacks.

Lye-based hair relaxers use sodium hydroxide as their main active ingredient. They break down the curl quickly and efficiently, leaving the hair straighter and smoother. Many salon professionals use lye relaxers. However, they require a more precise application than other relaxers and can cause scalp irritation.

No-lye hair relaxers use chemical components other than lye. These components do not work as quickly as lye, and may not work as effectively, but they are gentler on the scalp as a result. No-lye relaxers are often sold as at-home products because they are easier to apply. However, hair treated with a no-lye relaxer can dry out due to a buildup of calcium.

Regardless of which type of relaxer is chosen, frequent touch-ups are required. The relaxer only works on the hair it’s applied to, so any new growth will retain the original curl pattern and will need to be treated. Many stylists recommend touch-ups every eight weeks.

An expert tip from Seth Schanher

Learn more about the link between ovarian cancer as well as uterine cancer. Our firm also invited a journalist and expert on Afro-textured hair to share her perspective on the hair relaxer lawsuits.

What’s at Issue in the Hair Relaxer Lawsuit?

Plaintiffs in the hair relaxer lawsuit claim that the use of hair relaxers caused them to develop illnesses including uterine cancer, endometrial cancer, and ovarian cancer.

There is no definitive proof that hair relaxers cause cancer. However, there are some theories. One such theory is that hair relaxers contain chemicals that are known to be endocrine-disrupting chemicals or EDCs. The endocrine system regulates the hormones in the body. If hormones aren’t at the proper level, it can cause problems. There is strong evidence that exposure to EDCs can increase a person’s risk of developing reproductive cancer, due to the ability of EDCs to increase estrogen and progesterone. Scientific studies have supported this theory, showing a positive correlation between EDCs and reproductive cancers.

Hair relaxers contain phthalates, also known as plasticizers. These chemicals contribute to the durability of plastics and are found in a wide variety of products, from vinyl flooring to haircare products. The National Institute of Health identifies phthalates as EDCs.

Phthalates can be absorbed through the skin into the human body, including the skin on the scalp. Most hair relaxers are left on for ten minutes or longer, which is a long time to have dangerous chemicals in contact with the skin.

Once they enter the body, EDCs begin to wreak havoc on the endocrine system. Because hormones are so prevalent in the female reproductive system, this disruption could cause significant problems, up to and including cancer.

A study published by Chang, et al. in October 2022 indicates that women who have used hair relaxers frequently are statistically more likely to develop uterine cancer. It’s important to note that this study does not indicate that hair relaxers cause uterine cancer; rather, it shows that women who have frequently used hair relaxers are more likely to have this sort of cancer than women who have not used hair relaxers.

However, the results of this study are statistically significant. Women who have used hair relaxers at some point are 1.8 times more likely to develop uterine cancer, and women who have used hair relaxers at least four times in the previous year are 2.55 times more likely to develop uterine cancer.

This study found that there was no difference between races in the likelihood of developing uterine cancer. However, since Black women are more likely to use hair relaxers, they may be at an increased risk.

What Are Some of the Issues Connected to the Use of Hair Relaxers?

There have been many medical issues that arise from the use of hair relaxers. Some of them are temporary and non-life-threatening, and can usually be resolved by stopping the use of chemical hair relaxers. However, some are very serious and potentially fatal.

Minor

• Scalp irritation: As mentioned above, hair relaxers can cause scalp irritation, particularly formulas that use lye. In more severe cases, relaxers can cause chemical burns on the scalp, which can lead to sores.
• Infection: In the case of chemical burns that are more than just superficial, the sores can become infected. Although this is listed in the minor category, infections can sometimes be life-threatening.
• Hair loss: Infection and chemical burns can also lead to hair loss by damaging hair follicles. This damage is often irreversible, even after discontinuation of hair relaxers.
• Hair breakage: Many people use no-lye relaxers to avoid some of the issues listed above. However, even though no-lye formulas are usually gentler on the scalp, they can cause damage to the hair itself, leading to breakage.

Major

• Uterine cancer: There are two different types of uterine cancer. The first is endometrial cancer (see below). The other type is uterine sarcoma, which is less common but typically much more aggressive. Uterine sarcoma affects the muscles or supporting tissues of the uterus.
• Ovarian cancer: Ovarian cancer occurs when malignant cells grow in or around the ovaries.
• Endometrial cancer: Endometrial cancer involves the lining of the uterus or the endometrium. It is by far the most common type of uterine cancer, comprising 95-98% of all cases.

Hair Relaxer Lawsuit Status

The first cases alleging that hair relaxers caused reproductive issues including cancer were filed in late 2022. On February 6, 2023, the existing cases were consolidated into a multidistrict litigation (MDL) suit in the Northern District of Chicago. All current and future lawsuits involving hair relaxers and cancer will be transferred into this MDL.

Named defendants include L’Oréal and a number of smaller, privately owned companies. It’s possible that other companies will be named in the case as well, but as of right now, L’Oréal seems to have the most to lose. They also have the biggest pockets for defense counsel.

A multidistrict litigation case is a way for multiple people who have been harmed in the same or similar ways to share some of the more time-consuming parts of the trial process, such as discovery. MDLs are similar to class action lawsuits, but there are some notable differences. In class action suits, one verdict is made for the entire group of plaintiffs, and then any damages recovered are split amongst plaintiffs.

MDLs, on the other hand, receive their own verdicts on a case-by-case basis. This means that some plaintiffs may recover while others don’t and that the amount recovered can vary from plaintiff to plaintiff. An MDL consolidation makes sense in this case because there are so many variables involved and plaintiffs have had much different experiences.

The current MDL is growing on a daily basis. As of June 2023, more than 150 individual cases have been included in the MDL.

Do I Qualify for a Settlement?

It’s too early in the process to determine who qualifies for a settlement or how much their settlement will ultimately be worth. However, if you have been a regular user of hair relaxers and suffer from reproductive issues, including ovarian, uterine, or endometrial cancer, you may be a good candidate to join the current MDL.

Do I Have to Use a Certain Lawyer?

One advantage of multidistrict legislation is that you’re not required to use specific attorneys. Any licensed attorney in good standing can apply to the court pro hac vice, meaning that they will be allowed to practice in district court for the duration of the case.

However, pro hac vice applications must be approved by the court. While you don’t have to choose specific attorneys, it may be in your best interest to work with a lawyer who has experience in MDLs and knows how to navigate the system. MDLs have a lot of complicated, moving parts, and you don’t want to trust a case as important as this to someone who doesn’t have experience in MDLs or mass torts.

What Are My Next Steps?

If you think you may have a hair relaxer case, your next step is to contact an experienced product liability attorney. Dyer, Garofalo, Mann & Schultz offer free case evaluations to determine whether the current MDL is a good fit for you. We’ve recovered over $3 billion in the 31 years we’ve been in business, and we’ve represented more than 100,000 clients.

There’s no obligation and no cost for the evaluation, so you don’t have anything to lose. Contact us today to see if we can help you recover what you deserve.