Hair Relaxer Class Action Lawsuit Seeks Certification for Medical Monitoring Claims

Lawyers argue that certification would allow seven different hair relaxer class action lawsuits over cancer risks associated with the chemical straighteners to be resolved with a single trial.

A group of about a dozen plaintiffs are asking a federal judge to certify several hair relaxer class action lawsuits that seek to require L’Oreal and other cosmetics manufacturers to pay for lifelong medical monitoring, arguing that long-term users now face an elevated risk of developing cancer due to past exposure to the products’ chemicals.

The class action lawsuits represent only a small portion of the more than 12,000 claims currently being pursued against manufacturers of chemical straighteners like Just for Me, Dark & Lovely and others, most of which involve women alleging routine exposure caused them to develop uterine cancer, endometrial cancer, ovarian cancer or other injuries. However, the litigation also includes at least seven class action claims seeking medical monitoring for women who have not yet been diagnosed with cancer.

The lawsuits began to be filed after the release of a National Institutes of Health study in late 2022, which found that women who frequently use chemical hair straighteners face a significantly higher risk of developing uterine cancer, along with increased risks of ovarian and endometrial cancers. 

Plaintiffs point to these findings as evidence that exposure to the products may create long-term health risks, even for individuals who have not yet been diagnosed.

As a result, medical monitoring lawsuits have been filed on behalf of those who argue that ongoing screening is medically necessary due to the increased risk. Because these cancers often have long latency periods and may not be detectable for years, plaintiffs contend that routine monitoring is critical to identify any future diagnosis at the earliest possible stage.

Given similar allegations raised in complaints filed throughout the federal court system, all hair relaxer lawsuits have been centralized in the Northern District of Illinois since 2023, where U.S. District Judge Mary Rowland has been overseeing coordinated discovery and pretrial proceedings. 

As part of the management of the litigation, Judge Rowland has directed the parties to prepare 32 hair relaxer cancer lawsuits for early discovery to serve as the first “bellwether” trials. The cases being selected involve women who have been diagnosed with uterine cancer, ovarian cancer or endometrial cancer, each involving similar allegations that manufacturers failed to adequately disclose the risks associated with use of their products. 

The first test cases involving personal injury claims are expected to be ready for trial by the second half of 2027, which will give the parties an opportunity to see how juries respond to evidence and testimony that is likely to be repeated throughout the litigation.

However, the class action lawsuits have not been included in the bellwether trial process, as they are not representative of the wider mass of personal injury claims.

On March 25, a group of 11 plaintiffs, representing seven different class action medical monitoring claims, filed a memorandum and motion (PDF) asking Judge Rowland to grant class certification for their lawsuits. This would allow the claims to represent other members of a specified class of individuals who may also seek medical monitoring following regular hair relaxer use, whether they participate in the lawsuit or not.

Plaintiffs say there is extensive common evidence that gives plenty of reason for former users to seek cancer medical monitoring. In addition, the motion notes that the products have been widely used nationwide for decades, particularly among African American women, who were specifically targeted by hair relaxer product marketing.

If Judge Rowland chooses to grant certification to the hair relaxer medical monitoring claims, plaintiffs propose the lawsuits be resolved in a single class trial, saving the courts and parties time and expenses.

On the same day, counsel from both sides filed a joint stipulation (PDF) proposing page limits for the filing of briefs on the issue. However, no date for hearings on certification have yet been announced.

Hair Relaxer Lawsuit Bellwether Trials

Judge Rowland is expected to nominate three hair relaxer lawsuits to serve as bellwether cases sometime this week, previously indicating that plaintiffs will be permitted to select one of the cases for trial by April 6, with defendants choosing another claim by April 10. The Court will then repeat the process, selecting a second group of three potential bellwether cases by April 15, with plaintiffs choosing one of those cases by April 24, and defendants selecting another by April 30.

While the results of the individual injury bellwether trials will not be binding on other cases, they are being closely watched for the jury’s decisions on liability and payouts to plaintiffs. These outcomes could help pave the way for hair relaxer cancer lawsuit settlement negotiations.

After the bellwether trials and pretrial proceedings are concluded, if the parties have not reached a settlement or other resolution, Judge Rowland will likely begin remanding the cases back to their originating district courts for individual trial dates.

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