Judge Tosses Most Claims in L’Oreal Hair Relaxer Multidistrict Litigation

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A judge tosses most claims in a multidistrict litigation claiming that L’Oreal’s Amla Legend Rejuvenating Ritual Relaxer kit is unsafe.

Over the last two years, consumers have filed multiple class action lawsuits against L’Oreal claiming that the company’s Amla hair relaxer, causes irritation and hair loss.

The claims were consolidated into a multidistrict litigation. This week, U.S. District Judge Jed S. Rakoff trimmed some claims from the consumers’ allegations, but preserved others to move forward in court.

In his statement about the L’Oreal multidistrict litigation, Judge Rakoff preserved only claims related to individual product liability and allegations claiming that the “scalp protector” part of the Amla Legend Rejuvenating Ritual Relaxer kit is defective.

According to Judge Rakoff, consumers “may have demonstrated that there is a genuine dispute as to whether the scalp protector is defective.”

Moving forward, the L’Oreal Amla hair relaxer multidistrict litigation will focus on claims regarding individual product liability and the scalp protector, whereas previous claims focused on consumer arguments that the relaxer cream itself is dangerous.

In the multidistrict litigation, consumers made claims of breach of warranties, negligence, unjust enrichment, violation of consumer protection law, product liability, and fraud. Judge Rakoff nixed most of these claims.

In the earlier Amla class action lawsuits, consumers claimed that L’Oreal misrepresents the nature of the hair relaxer cream. Allegedly, L’Oreal advertises the product as containing a significant amount of Amla oil, a key ingredient allegedly used to soothe skin during the hair relaxing process and stimulates hair growth.

According to consumers, L’Oreal’s relaxer kit “contains hardly any Amla oil at all. The true ingredients in the Amla Relaxer are a dangerous mix of irritants and potentially toxic chemicals” and that the dangerous nature of the product is intentionally concealed from consumers through false advertising and misrepresentation.

The consumers go on to claim that the L’Oreal relaxer kit contains more harmful chemicals than comparable products, and they argue that the company misrepresents the product through labeling and marketing, claiming that it is a “safe, nourishing, and gentle” alternative to other relaxers.

L’Oreal rejected this claim by saying that “the packaging contains no such representations…Moreover, the packaging’s repeated warnings of the relaxer’s capacity to cause injuries renders it unreasonable for plaintiffs or others to give the various representations challenged in the complaint.”

In October, Classes of consumers in Florida and New York seeking refunds based on unjust enrichment were certified by the court. On Tuesday, the court decertified Classes seeking unjust enrichment in the multidistrict litigation, requiring the consumers to show “what, if any certified classes are legally viable,” under the new, trimmed Classes and claims.

The consumers are represented by Andrea Clisura and Rosemary M. Rivas of Levi & Korsinsky LLP and Ben J. Meiselas, Lori G. Feldman, and Mark Geragos of Geragos & Geragos APC.

The L’Oreal Amla Hair Relaxer Multidistrict Litigation is In re: Amla Litigation, Case No. 1:16-cv-06593, in the U.S. District Court for the Southern District of New York.