Lawsuit Over Hair Dye Cancer Risks Filed on Behalf of California Citizens by Environmental Group

Hair dye ingredient known as diethanolamine, or DEA, potentially violates California Proposition 65 law, complaint alleges.

A California environmental watchdog group has filed a lawsuit against the makers of Nicka K New York Magic Color Hair Dye, alleging that the product exposes consumers to toxic levels of diethanolamine (DEA), a chemical known to cause cancer and reproductive harm.

The complaint (PDF) was brought by Environmental Health Advocates, Inc. in California Superior state court in San Francisco late last month, naming New York-based Proxima Inc. as the defendant, along with up to 100 unnamed parties who may have been involved in manufacturing, distributing, or selling the product in California.

DEA, or diethanolamine, is a chemical compound widely used in personal care products like shampoos, lotions, and cosmetics, as well as in industrial applications such as metalworking fluids, cleaning agents, and pesticides. It functions as an emulsifier or foaming agent but is also known to cause skin and eye irritation, and studies have shown it can produce harmful effects in laboratory animals.

However, California added DEA to its Proposition 65 list of chemicals known to cause cancer on June 22, 2012, based on evidence that it poses significant carcinogenic and reproductive health risks. Under the law, companies must provide clear warnings before exposing consumers to listed substances.

The Environmental Health Advocates’ case comes as cosmetic companies face a growing number of hair dye bladder cancer lawsuits, primarily filed by salon workers and cosmetologists who were diagnosed after working with the chemicals for years, and sometimes decades. 

Plaintiffs in those cases say the hair dye manufacturers knew, or should have known, that exposure to DEA and similar chemicals would increase the risk of bladder cancer, yet failed to warn salon professionals about steps that could have been taken to avoid the development.

According to the complaint filed by Environmental Health Advocates on June 25, Proxima Inc. knowingly sold the Dark Auburn shade of Nicka K New York Magic Color Hair Dye in California without providing consumers with clear and reasonable warnings about the presence of DEA, as required under Proposition 65. 

The lawsuit alleges that exposure occurs through regular, foreseeable use of the product, specifically through dermal absorption, placing applicators and consumers at risk of serious health effects.

Environmental Health Advocates claims the company had both actual and constructive knowledge of the risks. The group notes that California regulators officially listed DEA as a carcinogen more than a decade ago, and that widespread media coverage and scientific literature further put manufacturers on notice about its dangers. 

Despite this, the lawsuit alleges Proxima failed to include any cancer warning on its labeling or packaging, and continued to distribute the product across California retail and online markets.

Before filing the complaint, the group issued a formal 60-day Notice of Violation to Proxima and the appropriate state agencies, a legal prerequisite under Proposition 65. However, no government agency initiated action within the notice period, allowing the nonprofit to move forward with the civil suit on behalf of the public.

The lawsuit seeks civil penalties of up to $2,500 per day for each violation, which could total more than $1 million, as well as a permanent injunction to halt sales of the product in California unless and until compliant warnings are added. The group is also requesting attorney’s fees and court costs.

Environmental Health Advocates brings the case as a representative action, arguing that it serves the broader public interest in limiting exposure to toxic substances and holding manufacturers accountable for compliance with California’s chemical disclosure laws.

Hair Dye Bladder Cancer Lawsuits

Recent court documents indicate there are at least 15 other hair dye lawsuits filed by salon workers in California state court, which have all been consolidated before Judge Samantha Jessner for coordinated pretrial proceedings. As more hairdressers learn of the links between hair dye and bladder cancer, that number is expected to continue to grow.

To help gauge how juries may respond to certain evidence and testimony that may be repeated throughout the litigation, it is expected that Judge Jessner will begin preparing potential “bellwether” cases to serve as early test trials. 

While the outcome of any bellwether trials would not be binding on other current or future cases, it could help the parties reach a hair dye bladder cancer settlement agreement, avoiding the need for every claim to go through a long and expensive trial process.

Hair dye bladder cancer lawyers continue to investigate cases for individuals diagnosed with bladder cancer following long-term use of permanent or semi-permanent hair dye products. Individuals who believe their cancer may be linked to chemical exposure from hair dye are encouraged to request a free consultation to see if they may qualify for a bladder cancer lawsuit settlement.