FDA Hair Relaxer Formaldehyde Ban Uncertain After All Pending Regulations Frozen: NBC Reports

Some believe that Robert F. Kennedy, Jr., nominated for Secretary of the Department of Health and Human Services, may resurrect the proposed ban.

A proposed ban on the use of formaldehyde in hair relaxer products, which has been linked to increased cancer risks, has been delayed and potentially jeopardized by the recent change in administration.

First proposed in October 2023, the U.S. Food and Drug Administration (FDA)’s hair relaxer formaldehyde ban would prohibit its use both as a direct ingredient or as a byproduct of other chemicals that release it, such as methylene glycol.

Under the rule, such chemicals would no longer be allowed in hair relaxer products sold in the U.S., which have been widely used by African American and minority women for decades.

Originally, the agency planned to finalize the rule by April 2024, but under the previous administration, the ban faced multiple delays without any clear progress toward implementation.

As a result, many hair relaxer products containing formaldehyde have remained on the market, with each delay extending the period during which consumers are exposed to these chemicals, potentially increasing the risk of developing serious health issues such as uterine and ovarian cancers.

However, according to an NBC News report, it is now uncertain whether the ban will be enacted at all. Immediately following his inauguration, President Donald Trump instituted a freeze on all new regulations, which could significantly impact advances in consumer safety across various agencies, including the FDA.

Several states have already banned formaldehyde in hair relaxer and other hair care products, including California, Maryland and Washington.

Given the stated goal of the new administration to roll back regulatory protections, it is uncertain whether the ban will proceed on the federal level. However, the report notes that there is some belief that Robert F. Kennedy, Jr., who is nominated for secretary of the Department of Health and Human Services, supports the ban.

Formaldehyde Cancer Risk in Hair Relaxer Products

Formaldehyde is an industrial chemical used to make many cosmetics, construction and building materials and paper products. However, exposure to high levels of the chemical can cause serious health problems when inhaled or absorbed through the skin.

Short-term exposure to formaldehyde can cause eye irritation if inhaled or allergic reactions if it touches the skin, while longer exposure can result in lung damage, severe eye irritation, reproductive issues, asthma, allergy-related conditions and even cancer.

Exposure to formaldehyde has been a concern among health experts for years, particularly from workplace environments and various consumer products. Research published by the American Academy of Neurology in 2021 found that long-term formaldehyde exposure in the course of employment was associated with a 21% higher risk of cognitive impairment, including lower IQ scores and memory loss.

When the FDA first announced the proposed rule, it warned that the use of formaldehyde in hair relaxers is linked to both immediate and long-term health risks, including skin reactions, respiratory issues, and an elevated risk of certain cancers. Further emphasizing these concerns, the U.S. Environmental Protection Agency issued a draft evaluation in April, stating that exposure to formaldehyde poses an unreasonable risk to human health.

Hair Relaxer Cancer Lawsuits

Manufacturers such as L’Oreal and Revlon already face thousands of hair relaxer lawsuits brought by women diagnosed with uterine cancer, endometrial cancer, ovarian cancer and other injuries that were allegedly caused by endocrine disrupting chemicals contained in many of the most popular products on the market in the U.S., including Dark & Lovely, Just for Me, ORS Olive Oil Motions, Optimum Care and others.

The hair relaxer cancer litigation emerged in late 2022, following the publication of a study that highlighted a link between the use of hair relaxer and uterine cancer, finding that women who regularly used the products face a 156% increased risk compared to women who did not use hair relaxers.

Given common questions of fact and law presented in complaints brought by women throughout the U.S., the lawsuits have all been centralized in the Northern District of Illinois as part of a hair relaxer lawsuit MDL, or multidistrict litigation, where U.S. District Judge Mary Rowland is presiding over coordinated discovery and pretrial proceedings.

Early in the litigation, Judge Rowland indicated she will hold a series of bellwether trials to help the parties gauge how juries may respond to certain evidence that will be repeated throughout thousands of claims brought by women nationwide.

While the outcome of these early trials will not be binding on other women presenting a claim, the average hair relaxer lawsuit payouts awarded by juries may drive negotiations to settle large numbers of claims, and avoid the need for each claim to be remanded back to various different U.S. District Courts for individual trials in the coming years.