WEN Class Action Headed For Potential $26M Settlement In California
This article was originally published in The Rose Sheet
Individuals with documented hair loss or other injuries attributed to use of WEN Cleansing Conditioners could be compensated with payments up to $20,000 apiece under a proposed settlement expected to be entered in California’s Central District at the start of August.
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The company maintains that its products are safe, but plaintiffs in proposed class actions allege it has knowingly put consumers at risk of hair loss and other injuries. DevaCurl’s troubles escalated quickly after a former brand ambassador went viral with a 31 January video urging consumers to stop using DevaCurl products and adopt safer alternatives.
A class action settlement preliminarily approved in California’s Central District will establish a $26.25m fund for compensating WEN hair-care consumers for purchases and alleged injuries, but the fairness of payments to up to 6 million class members may have to be revisited if more claims are filed than expected. Notices to class members will issue by year-end, and their claims must be submitted by late April 2017.
Momentum this year behind legislative proposals for cosmetics regulatory reform has prompted key Congress members to question FDA about the current oversight system. In a response to the Senate HELP Committee’s chairman, FDA provides a wealth of data on its enforcement activities and confirms hair loss as an adverse event it considers “serious,” if not one currently identified as such by MedWatch’s definition.