L’Oreal Hair-Relaxer Class Action A Far Cry From WEN, Or Next Plaintiff Payout?
This article was originally published in The Rose Sheet
Putative class actions against L’Oreal alleging that a Soft Sheen-Carson hair relaxer causes hair loss and scalp irritation have been consolidated in New York’s Southern District. Similar to complaints targeting WEN in recent years, the L’Oreal suits cite “an inherent design and/or manufacturing defect,” but L’Oreal says it provides ample warning of risks on product packaging and the category represents known hazards.
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Gordon & Rees partner Peter Siachos for L’Oreal says the firm was “relentless” in its defense against a consolidated class action in New York’s Southern District concerning the SoftSheen Carson Amla Legend hair relaxer. Plaintiffs alleged the product is unreasonably dangerous and, at the same time, deceptively marketed as a gentler option than competing, lye-based offerings.
Allianz Global Corporate and Specialty raises liability concerns that could be relevant to cosmetics manufacturers still using “toxic trio” ingredients. The firm’s report is a signal at least that rampant US litigation for alleged false advertising and undeclared ingredient risks has reached the international insurance consciousness.
Interested parties capable of conducting in vivo and in vitro tests "to study alopecia that may be associated with the use of commercially available cosmetic hair products and individual ingredients in these products" must respond to FDA's Sources Sought Notice by Feb. 26.