The Law Offices of Clayton & Shaw
The Law Offices of Clayton & Shaw
A Summary of Recent Relaxer Litigation (3/3)
BlackBeautyPop is doing a series on the relationship between relaxers and Black women’s health. Chemical relaxers have been in and out of the news because of (1) concerns about their impact on our health and (2) the growing legal responses to these alleged harms. Each week I will cover the historical, scientific, and legal context of Black women’s relationship with relaxers in the U.S.
A quick search for “relaxers + law” will bring up dozens of legal advertisements encouraging readers to inquire about suing companies that have distributed relaxers for decades. Most of the ads have a similar setup:
A brief note that relaxers have recently been linked to breast, uterine, and endometrial cancers.
A simplified explanation of the connection between chemicals in the relaxers and these (and other medical issues like fibroids).
A call to contact the law office if one believes they or a loved one suffered from any similar issues as they may be entitled to compensation.
In some cases, the advertisement lists relaxer manufacturers that have already had legal action taken against them like Dark & Lovely & Just for Me.
In March 2023 Congresswomen Ayanna Pressley and Shontel Brown contacted the FDA and asked them to inquire about the dangers of chemical straighteners. Citing the results of the National Institutes of Health “Sister Study,” the lawmakers were concerned about the disproportionate amount of Black women who are at higher risk for uterine cancer than women who do not use chemical straighteners. While the Congresswomen cited the Sister Study in their letter, Dr. Tamarra James-Todd has conducted research which found that about" 50% of products advertised to Black women “contain parabens, phthalates, and other chemicals that are known to be endocrine disruptors.” Thus, an investigation into some harmful chemicals and products could result in a larger project that explores what else might be harming us.
Read more about what chemicals are in relaxers and how they impact our bodies here.
Angela Chapin interviewed several Black women for “The Cost of Straight Hair” all of whom are experiencing severe health complications, believed to be the result of long-term exposure to chemical straighteners. Chapin noted that at the time of publication, more than 1200 people were currently suing dozens of relaxer manufacturing companies. Since its publication in Fall 2023, the amount of lawsuits being levied against these companies has only grown. Specifically, the cases were merged into one multidistrict litigation (MDL) in Illinois by the U.S. Judicial Panel, to increase efficiency. There was a 166% increase in cases taken against relaxer manufacturing companies at the time of the article’s publication.
Who is involved?
L’Oréal
Strength of Nature
Revlon
SoftSheen-Carson
Sally Beauty
A link to a more comprehensive list is available here.
In her Complaint against L’Oréal Bernadette Gordon notes that more adequate warnings on the packaging, stating that she could develop some type of cancer with regular use, would have prevented her from using the products. While Gordon and the many other women filing suit against these companies are confident about their positions, Dr. Alexandra White, lead author of the Sister Study reiterated that their study shows a “possible link between frequent use of hair straightening products and uterine cancer.” The study does not prove an absolute an undeniable link between the products and any type of cancer. In 2020 similar studies, claims, and lawsuits were leveraged against Johnson & Johnson (J&J).
J&J was accused of relying on a Black female customer base whom they failed to warn about the “potential dangers [allegedly cancer-causing talc] of the powder products it was selling.” As of January 2024, they agreed to pay more than $700 million to settle the cases. This is interesting given that initially they insisted (1) that they did not intentionally target Black women and (2) that their products are safe. While most companies have remained quiet on the subject of lawsuits and declined major requests for comments, L’Oréal has repeated that they are confident that their products are safe for consumers. I wonder what other similarities will arise between J&J and some of these relaxer companies as litigation continues.
About the title:
The title of this post is not exactly related to its content. I just like the idea of a fictional universe where Joan Clayton, Esq. & Maxine Shaw, Esq. team up on behalf of Black women in court. Although I’m pretty sure that Joan’s constant yammering about wanting a man would’ve worked Maxine’s nerves to no end.