Hair Relaxer Litigation

The Hon. Mary Rowland continues to preside over the hair relaxer multi-district litigation (“MDL”) in federal court in Chicago. Over 7,900 women have filed cases in the MDL that allege they suffered gynecologic cancers caused by hair relaxers. The litigation remains in the “discovery” phase, where parties exchange information about witnesses and evidence relevant to the case.

Plaintiffs asked the Court to require defendants to produce foreign materials related to hair relaxer products sold outside the United States and materials held by the foreign parent of L’Oreal USA. At a status hearing on November 17, 2023, the Court heard argument on Plaintiffs’ request for production of foreign affiliates’ materials and requested briefing on the subject. On December 6, 2023, plaintiffs and defendants submitted briefs to Judge Rowland, explaining their positions on whether foreign regulatory materials, product labels and usage instructions, scientific studies, articles in scientific journals, organizational charts, and Board of Director materials should be produced.

On December 27, 2023, Judge Rowland ruled largely in Plaintiffs’ favor and ordered that “[a]ll Defendants must produce (1) foreign regulatory materials; (2) product labels and usage instructions; (3) scientific studies; and (4) articles in scientific journals related to hair relaxer products sold outside the United States.” The Court also ordered L’Oréal U.S.A. to produce responsive documents held by its foreign parent, except for organizational charts and certain Board of Director materials. All Defendants must complete their productions relating to the first round of written discovery by February 29, 2024.

We are encouraged that defendants will have to turn over these important documents that we believe will establish what defendants knew or should have known about the safety of their products and the formulation of their products, and the availability of alternative designs, different warning labels, and alternate instructions for use.

Please stay up to date by visiting hairrelaxercase.org.

Camp Lejeune

Many people of color spent time at Marine Corps Base Camp Lejeune in North Carolina between August 1953 and December 1987. Lawsuits alleging veterans and their families were poisoned by contaminated water at Camp Lejeune are progressing quickly in North Carolina federal court, with Elizabeth Cabraser of Lieff Cabraser serving as one of the court-appointed Co-Lead Counsel for Plaintiffs. Certain claimants with “Track 1” illnesses—bladder cancer, kidney cancer, leukemia, non-Hodgkin’s lymphoma, and Parkinson’s disease—are beginning depositions this month. Plaintiffs’ counsel hope that trials for these representative “bellwether” claimants will begin in the next few months, such that juries determine appropriate awards that can inform settlement negotiations for the many thousands of other claimants with those same illnesses.

Anyone who thinks exposure at Camp Lejeune might have caused an illness can file an administrative claim with the Navy. If the Navy does not respond for six months, they can file a claim in court using a simplified Short Form Complaint. More information can be found here: https://www.lieffcabraser.com/injury/camp-lejeune.

Jackson, Mississippi and Benton Harbor, Michigan Lead Water Crisis Cases

Lead is a toxic metal that causes severe health consequences, especially in children. There is no safe level of exposure to lead.

Proposed class actions have been filed on behalf of residents of Jackson, Mississippi and Benton Harbor, Michigan alleging residents have consumed lead-contaminated water in their public water supply through the actions and failures of their elected officials and private companies.

In Benton Harbor, Michigan, plaintiffs successfully defeated the State of Michigan’s motion to dismiss the case in the Court of Claims. In federal court, the claims are moving forward against the City of Benton Harbor. The defendants have appealed both these orders in favor of plaintiffs. A third proposed class action has been filed in Michigan state court against the private engineering companies and City defendants. The City defendants have filed a motion arguing plaintiffs’ claims are untimely and plaintiffs will oppose this motion.

On November 30, 2023, the Biden-Harris Administration and the Environmental Protection Agency (EPA) announced a proposal to strengthen the EPA’s Lead and Copper Rule that would require 100% replacement of lead service lines within 10 years. Also in November 2023,  U.S. Senators Cory Booker (D-NJ) and Tammy Duckworth (D-IL) founded the Senate Lead Task Force to “create long-term visibility around the public health crisis of lead and to oversee the state and federal implementation of the lead pipe removal and replacement funding.”

To learn more, please visit: Benton Harbor: https://www.lieffcabraser.com/environment/benton-harbor-water-poisoning/ and Jackson: https://www.lieffcabraser.com/environment/jackson-mississippi/.

Social Media Harms to Children and Teens

In 2023, both the Surgeon General and the American Psychological Association put out health advisories on the harmful impact social media use can have on our youth. These harms include anxiety and depression, eating disorders, self-harm, and suicidal behavior. Social media use, however, may differ by race, ethnicity, and gender.  As recently reported by the New York Times, a new study by Pew found “Black and Hispanic teenagers ages 13 to 17 spend far more time on most social media apps than their white peers. One-third of Hispanic teenagers, for example, say they are ‘almost constantly’ on TikTok, compared with one-fifth of Black teenagers and one-tenth of white teenagers. Higher percentages of Hispanic (27 percent) and Black teenagers (23 percent) are almost constantly on YouTube compared with white teenagers (9 percent); the same trend is true for Instagram.” Social media thus can disproportionality impact the mental well-being of Black and Hispanic teenagers. If you are concerned about the impact of social media on your child’s self-esteem and mental health, please consult the Surgeon General’s advisory at https://www.hhs.gov/sites/default/files/sg-youth-mental-health-social-media-advisory.pdf. For more information about lawsuits against the social media companies for harms caused to youth, please visit https://www.lieffcabraser.com/injury/social-media-addictions/

Necrotizing Entercolitis (NEC) in Babies Fed Cow-Milk Infant Formula

NEC is the most common, serious gastrointestinal disease affecting newborn infants. Preterm and low birth weight babies have a higher risk of NEC. LCHB represents families whose children suffered by using this product.

The potentially lethal disease NEC in preterm and low-weight infants has been linked to the use of cow-milk based formula, including Similac and Enfamil. Despite the strong medical evidence establishing the extreme dangers that cow-based products pose for premature infants, manufacturers have marketed and continue to market their cow-based products as an equally safe alternative to breast milk, and indeed have promoted their products as necessary for additional nutrition and growth. Formula companies have historically targeted women of color and systemic and structural barriers, including racism, have resulted in Black and Hispanic families using formula (rather than breastfeeding) at higher rates than white families. 

To learn more, please visit: https://www.lieffcabraser.com/tag/infant-formula/

Talcum Powder Litigation

Johnson & Johnson marketed talcum powder to women and girls, especially women and girls of color, for decades for personal hygiene use and as a method of absorbing moisture. Tens of thousands of lawsuits have been filed by women alleging Johnson & Johnson’s baby powder and Shower to Shower products caused their epithelial ovarian cancer. As alleged in the lawsuits, the ovarian cancer risks were concealed from consumers, a “failure to warn” that has led to injuries and deaths from talc exposure. LCHB represents women who suffered ovarian cancer after use of this product.  For more information, please visit: https://www.lieffcabraser.com/injury/drugs/talcum-powder-ovarian-cancer/