Philadelphia, PA — Two women have initiated a class action lawsuit against Unilever United States Inc., the manufacturer of TRESemmé hair care products, citing severe hair loss and painful scalp burns linked to the use of TRESemmé keratin shampoo and conditioner. They allege the company failed to adequately warn consumers about a hazardous chemical present in the products.
Claims of Severe Damage
Robyn Lipetz, 67, and Shannon Keener, 32, both from the greater Philadelphia area, are seeking to hold Unilever and its distributor, Conopco Inc., accountable for the damages they claim to have suffered. The lawsuit highlights concerns regarding DMDM hydantoin, a chemical related to formaldehyde, which they assert caused their hair loss and scalp injuries.
Formaldehyde, a known carcinogen, can lead to cancer and other harmful reactions when absorbed through the skin, particularly upon direct application to the scalp. DMDM hydantoin is used in the TRESemmé products to prevent microbial growth in water-based formulations. However, the plaintiffs contend its inclusion is unnecessary, pointing to safer alternatives available in the market.
Legal Allegations
The lawsuit accuses Unilever and Conopco of violating the Pennsylvania Unfair Trade Practices and Consumer Protection Law, along with consumer fraud statutes. The plaintiffs claim that the absence of warnings about DMDM hydantoin and its associated risks constitutes a breach of express and implied warranty, as well as fraud and unjust enrichment.
TRESemmé’s keratin shampoos and conditioners are marketed with promises of deep nourishment, gentle cleansing, and hair repair, boasting benefits like enhanced softness and shine.
The lawsuit states, “For approximately a decade or longer, Unilever has known that DMDM hydantoin can cause or contribute to hair loss and scalp irritation when used as a preservative in hair products.” Furthermore, it notes that Unilever has previously faced legal action regarding similar issues with its Suave Professionals Keratin Infusion line, which led to a recall and a $10.2 million settlement in 2014.
Experiences of the Plaintiffs
Lipetz purchased TRESemmé Keratin Smooth Color between January and February and stopped using it after experiencing scalp redness, itchiness, and bald spots within two weeks. Keener’s situation was more severe; she used the same shampoo and added the TRESemmé keratin conditioner for two months, ultimately seeking medical treatment for her symptoms.
“Keener noticed scalp irritation, blisters, pimples, and a burning sensation after the first few uses. After continued use, she began experiencing hair loss, with clumps of hair falling out during everyday activities,” the lawsuit details. Following her symptoms, she consulted both her primary care doctor and a dermatologist, who prescribed medicated shampoo for her condition.
The plaintiffs argue that the packaging and marketing materials for TRESemmé products lack any warnings regarding the risks of significant hair loss and scalp irritation.
Growing Legal Concerns
Since Lipetz and Keener’s lawsuit, several additional class action suits have emerged, echoing claims of hair loss and scalp damage due to TRESemmé products. These lawsuits emphasize Unilever’s alleged failure to disclose the potential hazards of DMDM hydantoin, asserting that the ingredient can lead to severe scalp injuries and hair breakage.
One class action filed by a New Jersey resident describes TRESemmé Keratin Smooth shampoo as “dangerous and unsafe for sale as over-the-counter hair smoothing shampoo products.” Another plaintiff from Illinois criticized Unilever for continuing to include DMDM hydantoin in its formulations despite being aware of its potential risks since at least 2012.
Consumers in Canada have also filed lawsuits, reiterating the existence of safer alternatives while accusing Unilever of prioritizing profit over consumer safety.
FDA Warnings on Hair Smoothing Products
The situation has drawn attention from the Food and Drug Administration (FDA), which updated its guidance regarding formaldehyde in hair smoothing products on March 2. The FDA warns that many of these products release formaldehyde gas during use, highlighting its status as a known human carcinogen and potential health risks associated with exposure.
Call for Consumer Reports
The plaintiffs urge consumers who have experienced hair loss or scalp injuries after using TRESemmé keratin products to come forward and share their experiences. Lipetz and Keener are represented by a team of attorneys from Shub Law Firm LLC, Kantrowitz, Goldhamer & Graifman, P.C., Sciolla Law Firm LLC, and Whitfield Bryson, LLP.
The class action lawsuit, titled Lipetz et al. v. Unilever United States, Inc. et al., is filed under Case No. 2:20-cv-06350 in the U.S. District Court for the Eastern District of Pennsylvania.
