Sexy Hair Class Action Claims Sulfate-Free Shampoo is Falsely Labeled

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A class action lawsuit filed on Feb. 23 against Sexy Hair Concepts LLC alleges that the maker of  “Sexy Hair” brand shampoo falsely advertises its hair care products.

Specifically, the complaint asserts that Sexy Hair shampoos prominently state that they are “sulfate-free” and do not contain salt.

The lawsuit contains a picture of a Healthy Sexy Hair shampoo bottle, which states in bold lettering on its front that it’s a “sulfate-free soy moisturizing shampoo.” Closer to the bottom of the bottle it states that it is also free of gluten, paraben, and salt.

“However, according to the long list of ingredients printed in very small type on the back side of the container, the shampoo contained sodium sulfate, and salt (sodium chloride),” according to the class action.

The “sulfate free” false advertising class action lawsuit states that Sexy Hair “is a beauty products company that manufactures hair products and distributes them throughout the United States through distributors, retailers and salons, as well as online.” In addition to Sexy Hair, the class action has also named Ulta Salon Cosmetics & Fragrance Inc. as a defendant, for selling the misleading Sexy Hair products in its stores.

Plaintiff Molly Crane states that she purchased a bottle of Healthy Sexy Hair Sulfate-Free Soy Moisturizing Shampoo from a Ulta retail store in Massachusetts in July of 2016. Crane claims that she “read the notice on the container that it was sulfate and salt free and purchased the shampoo thinking it would be good for her hair.”

But after she used the product and did not like it, Crane read the fine print on the back of the bottle, and discovered that its list of ingredients includes “sodium sulfate, sodium chloride (the chemical term for salt) and ammonium chloride, which is also a salt.” Crane alleges that she has been economically damaged from the misleading statements on the front of the label, because she would not have purchased the shampoo had she known it contained those ingredients.

The Sexy Hair shampoo class action lawsuit contends that the false advertising on the front of the bottle violates Massachusetts unfair and deceptive practices statutes. Separately, the complaint also asserts that Sexy Hair and Ulta Salons were unjustly enriched by the misleading labels.

Crane seeks to represent a Class of “[a]ll persons in the United States who have purchased Sexy Hair hair care products that were labeled sulfate-free and/or salt free, but contained sulfates and/or salt.” In addition, the lawsuit requests certification of a Class of all persons in Massachusetts who purchased the same Sexy Hair products.

The class action seeks monetary damages, including up to three times the amount of actual damages under Massachusetts consumer protection laws. In addition, the complaint requests an injunction stopping the defendants from using the “false and deceptive marketing” on its shampoo products.

Crane is represented by Thomas G. Shapiro and Ian J. McLoughlin of Shapiro Haber & Urmy LLP, and Kenneth D. Quat of Quat Law Offices.

The Sexy Hair Shampoo “Sulfate Free” Class Action Lawsuit is Molly Crane v. Sexy Hair Concepts LLC, et al., Case No. 1:17-cv-10300, in the U.S. District Court for the District of Massachusetts.

UPDATE: On Oct. 19, 2018, a $2.3 million class action settlement has been proposed to resolve claims that Sexy Hair Concepts mislabels their shampoos as “sulfate-free.”

UPDATE 2: February 2019, the Sexy Hair shampoo class action settlement is now open. Click here to file a claim. 

UPDATE 3: On Sept. 21, 2019, Top Class Actions viewers started to receive checks in amounts up to $23.59 from the Sexy Hair Concepts class action settlement. Congratulations to everyone who filed a claim and got PAID!