Product Liability

FDA Misses Deadline To Ban Hair Relaxing Chemical

Food and Drug Administration Failed to Meet Self-Imposed Deadline To Ban Cancer-Causing Chemicals From Hair Relaxers

MANHATTAN, NEW YORK (June 1, 2024)The Food and Drug Administration (FDA) has missed its own deadline to propose a ban on the use of formaldehyde in hair products. 

The FDA initially proposed a ban on the chemical in October 2023, with implementation set for April 2024. It remains unclear why the ban has not yet been put in place.

An FDA official has stated that they are still developing the proposed rule. Hair relaxers that use formaldehyde are predominantly used by Black women, putting this group particularly at risk.

Several scientific studies have revealed a link between the chemicals used in hair relaxers and hormone-related cancers. The National Institutes of Health has indicated that the use of chemical straighteners is associated with an increased risk of uterine cancer.

Liability For Cancers Caused By Hair Relaxers

Formaldehyde is a dangerous chemical used in a variety of different hair products. According to the National Cancer Institute, “formaldehyde is a colorless, strong-smelling, flammable chemical that is produced industrially […] it is commonly used as a fungicide, germicide, and disinfectant, and as a preservative in mortuaries and medical laboratories.” Formaldehyde can cause a number of short-term irritations:

  • Redness and a burning sensation in the eyes
  • Nose and throat irritation
  • Respiratory issues such as coughing and wheezing
  • Skin contact can cause redness, itching, and rash
  • Headaches are also common due to the strong odor

Companies that manufacture hair products have a legal obligation to ensure their products are reasonably safe. Hair product companies are liable for the design, manufacturing, and marketing effects associated with their products. If a company has actual or constructive notice that one of their products contains a cancer-causing chemical and fails to act, this could form the basis of a product liability claim. Several illnesses are associated with long-term exposure to formaldehyde:

  • Cancer
  • Leukemia
  • Chronic obstructive pulmonary disease
  • Immune system dysfunction
  • Neurotoxicity

Part of the problem with hair relaxers and other hair products is that the fumes they leave behind linger and are inhaled by the user. These products are often used in bathrooms or other confined spaces, exacerbating the issue. Anyone who uses hair relaxers or other hair products over long periods may be more susceptible to various cancers and other illnesses.

Getting Legal Help After Using Hair Relaxers

We at Gersowitz Libo & Korek, P.C. extend our best wishes to all the people who have become ill after using hair relaxers. The FDA should do the right thing and ban the use of formaldehyde in hair products. There needs to be accountability for the sake of all the victims.

Have you or someone you care about been diagnosed with cancer after long-term use of hair relaxers or other hair products? You may have legal recourse. Our team of personal injury attorneys is here to help you. We care deeply that victims are aware of their rights and that those rights are protected. Whether you have legal questions or need any type of support, we are here for you. You can reach out to us any time at (516) 908-9792.

Jeff S. Korek, Senior Trial Partner

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