Hairstylists settle for $30 million in product liability case

A Missouri product liability case has yielded an eight-figure settlement for two hairstylists who claimed a professional hair-smoothing product acted as a carcinogen.

“My clients were both salon workers who had used this product over a period of over ten years,” said Lauren McClain of Humphrey, Farrington & McClain, which secured the $30 million result.

McClain said the plaintiffs were exposed to formaldehyde by use of the substance which allegedly resulted in uterine and ovarian cancer for one. The other was pregnant during the exposure window and her child ultimately developed leukemia.

The product, the company and the workers were not identified due to confidentiality conditions in the settlement.

McClain said formaldehyde has been linked to instances of leukemia for babies in utero as well as reproductive cancers and contended the company’s conduct was “egregious” and “outrageous” as it denied the chemical was even present in its product.

“That’s how they advertised it,” she said. “That’s how they marketed it because a concern in the hairstylist world was exposure to formaldehyde.”

McClain said the company argued that the product actually contained a different substance which only yielded formaldehyde in the presence of heat. However, she said the product was meant to be heated during use and the stylists used it as directed.

She said they also contended that formaldehyde would not cause the illnesses in question.

McClain said she was surprised to find how little regulation there was in the cosmetics industry with the Food and Drug Administration holding some authority — particularly over labeling.

The case was not a class action matter.

“In our experience, you generally get a better result litigating directly against a defendant if you can avoid these MDLs which have become overwhelming messes in our experience where the client doesn’t really get much money,” she said.

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$30 million settlement

Product liability

Venue: Confidential

Case Number/Date: Confidential

Mediator: Joseph Dandurand

Injuries: Ovarian/uterine cancer, leukemia

Caption: Confidential

Plaintiffs’ Attorneys: Lauren McClain, Ken McClain, Tim Kingsbury, Andrew Smith of Humphrey, Farrington & McClain, (Independence)

Defendants’ Attorneys: Confidential