Parties in Hair Straightener MDL to Submit Competing Plans for Bellwether Trials

In an effort to streamline the litigation process for the thousands of product liability lawsuits pending against the manufacturers of chemical hair straighteners, the U.S. District Judge presiding over these lawsuits has called for the parties to submit their respective bellwether trial plans. Nearly 10,000 women across the country are currently pursuing legal claims against well-known beauty product manufacturers like L’Oreal, alleging that the companies put their desire for profits above the safety of patients by failing to warn about the potential risk of cancer associated with endocrine-disrupting chemicals in their relaxer products. 

The outcome of these early hair relaxer bellwether trials will have no bearing on other chemical hair straightener cancer lawsuits. However, jury awards handed down in these trials may encourage manufacturers to reach settlement agreements to avoid facing thousands of individual trials over cancer claims.  

The Link Between Hair Straighteners and Cancer

In recent years, chemical hair straighteners, also known as hair relaxers, have come under scrutiny due to their potential health risks. Concerns emerged after a study published last year revealed a concerning connection between the regular use of these products and an increased risk of uterine cancer. Women who used hair relaxers were found to face a 156% higher risk of developing uterine cancer compared to those who did not use these products. Another study highlighted a similar link between hair straighteners and breast cancer. These findings have raised significant concerns among both medical professionals and consumers alike.

Many women who have regularly used chemical hair straighteners, particularly popular brands like Dark & Lovely and Just for Me, have reported developing serious injuries, including uterine cancer and ovarian cancer. Bolstered by mounting evidence linking hair relaxers to cancer, thousands of women throughout the United States have filed product liability lawsuits against the manufacturers, seeking compensation for their injuries. The lawsuits allege that the companies failed to adequately warn consumers about the potential risks associated with these products. The plaintiffs argue that the manufacturers prioritized profits over the health and safety of African-American women and others who frequently used hair relaxers.

The Need for Bellwether Trials

Given the large number of lawsuits filed against multiple manufacturers, the U.S. District Judge overseeing the claims has determined that bellwether trials are necessary. The bellwether process involve selecting a small group of representative claims for early trial dates. These trials serve as a kind of litmus test for future trials, to determine how juries may respond to evidence and testimony that will likely be repeated throughout the litigation. The outcomes of these trials can potentially pave the way for settlement negotiations and provide insight into the value of the claims.

Competing Plans for Hair Straightener Bellwether Trials

Last month, the parties involved in the hair straightener lawsuits were told they had until December 11, 2023 to submit a proposed Bellwether Protocol, outlining the process by which the representative claims would be selected and prepared them for trial. However, the parties were unable to agree on a unified plan and asked for an extension on the deadline to submit their competing proposals. The bellwether proposals are expected to include a timeline for discovery and a strategy for narrowing down the initial pool of claims to a more manageable number. Each side will present their respective plan, and the judge will ultimately decide which plan will be adopted.

The Potential Impact of Bellwether Trials

While the outcomes of the bellwether trials will not have a binding effect on the remaining hair relaxer cancer lawsuits, they can significantly influence the course of the litigation. The average jury awards from these trials can provide a benchmark for potential settlement offers from the manufacturers. If the amounts awarded are substantial, the manufacturers may be more inclined to negotiate settlements to avoid the need for individual trials. Conversely, if the awards are minimal, it could embolden the manufacturers to continue fighting the claims in court.

The Importance of Awareness and Compensation

The mounting hair straightener lawsuits highlight the importance of consumer awareness and compensation for those who have suffered harm. The submission of competing plans for hair straightener lawsuit bellwether trials marks a significant milestone in the ongoing litigation against the manufacturers of these products. Compensation obtained through lawsuits can help cover medical expenses, loss of income, pain and suffering, and other damages resulting from the use of hair relaxers. The selected representative claims and their subsequent trials will provide valuable insights into the potential outcomes of the remaining lawsuits.