Key Takeaways

1. DevaCurl faced multiple class action lawsuits alleging that its haircare products caused hair loss, scalp irritation, and other adverse effects, resulting in a $5.2 million settlement.
2. Consumers who purchased DevaCurl products between February 8, 2008, and August 29, 2021, may be eligible for compensation, even without proof of purchase.
3. The controversy led to product reformulation and reputational damage for DevaCurl, with ongoing skepticism among consumers and professionals in the haircare industry.

Introduction

The DevaCurl lawsuit is a significant legal event in the beauty and personal care industry. It centers on claims that certain DevaCurl haircare products caused hair loss, scalp irritation, and other negative effects for users. The controversy gained momentum after DevaCurl was acquired by Henkel in late 2019, with legal action following soon after. This guide provides a comprehensive overview of the lawsuit, the allegations involved, the settlement, and the broader implications for consumers and the industry.

Background of the DevaCurl Lawsuit

The Rise and Reputation of DevaCurl

DevaCurl was established as a brand focused on products for curly hair. It gained a loyal following among individuals seeking specialized haircare solutions. The brand positioned itself as a leader in the curly hair community, offering shampoos, conditioners, and styling products designed to enhance natural curls.

Emergence of Consumer Complaints

In late 2019, after DevaCurl was sold to Henkel, reports began to surface from consumers experiencing hair loss, thinning, and scalp irritation after using DevaCurl products. Social media platforms, forums, and review sites saw a surge in complaints. Many users reported symptoms such as excessive shedding, bald spots, and the appearance of bumps or sores on the scalp. These complaints were echoed in a Forbes article and other reputable sources.

Filing of Lawsuits

The growing number of complaints led to the filing of multiple class action lawsuits against DevaCurl and its parent companies. Plaintiffs alleged that the products contained harmful ingredients, including propylene glycol and cocamidopropyl betaine, which they claimed caused the adverse effects. The lawsuits accused DevaCurl of false advertising, negligence, and failure to warn consumers about potential risks. According to ClassAction.org, the legal filings highlighted the presence of known allergens and irritants in the products.

Details of the Allegations

Claims Made by Plaintiffs

The primary allegations against DevaCurl included:

• Hair loss and thinning: Users claimed that their hair became noticeably thinner or fell out in clumps after using DevaCurl products.
• Scalp irritation: Many reported itching, burning, and the development of bumps or sores on the scalp.
• False advertising: Plaintiffs argued that DevaCurl marketed its products as safe and beneficial for curly hair, despite allegedly knowing about the risks.
• Failure to warn: The lawsuits asserted that DevaCurl did not adequately inform consumers about the potential for adverse reactions.

Ingredients Under Scrutiny

The lawsuits specifically called out ingredients such as propylene glycol and cocamidopropyl betaine. These chemicals are commonly used in personal care products but have been associated with allergic reactions and irritation in some individuals. The plaintiffs argued that DevaCurl should have taken greater care in formulating its products and providing warnings.

The Settlement

Overview of the $5.2 Million Settlement

In response to the lawsuits, DevaCurl agreed to a $5.2 million settlement to resolve 13 class action cases. The settlement was given final approval by a U.S. District Judge, as noted in Mason LLP’s settlement details. The settlement covers individuals who purchased DevaCurl products between February 8, 2008, and August 29, 2021.

Terms of the Settlement

• Compensation: Eligible consumers can claim up to $20 without proof of purchase. Those with proof of purchase may be eligible for higher compensation, depending on the number of products bought and the extent of damages.
• Scope: The settlement applies to a wide range of DevaCurl products, including shampoos, conditioners, and styling items.
• Claims Process: Consumers were required to submit claims by a specified deadline. The settlement website provided instructions and forms for claimants.

For more details, see the official settlement notice.

International Scope

The legal action extended beyond the United States. In Canada, a proposed national class action against Deva Concepts LLC was initiated, represented by Charney Lawyers PC. This highlights the international reach of the controversy. More information is available on the Charney Lawyers website.

Impact on DevaCurl and the Haircare Industry

Changes to Product Formulation

Following the backlash and legal proceedings, DevaCurl reportedly changed its product formulations. According to WESH 2 News, the company updated its ingredients in response to consumer concerns and legal scrutiny. However, skepticism remains among former users and industry professionals regarding the safety and efficacy of the new formulations.

Reputational Damage

The lawsuit and resulting publicity significantly damaged DevaCurl’s reputation. Many loyal customers expressed distrust and disappointment, as reflected in online discussions and videos such as "Why I Stopped Using DevaCurl". The controversy also affected the brand’s relationship with stylists and salons. Some professionals distanced themselves from DevaCurl, citing concerns about product safety and the company’s response to the crisis. Studio 39 Salon’s article provides insight into the professional community’s reaction.

Industry-Wide Implications

The DevaCurl lawsuit has broader implications for the haircare industry. It underscores the importance of transparency, rigorous product testing, and clear communication with consumers. The case has prompted other brands to review their formulations and marketing practices to avoid similar legal challenges.

Consumer Guidance

What Should Consumers Do?

Consumers who experienced adverse effects from DevaCurl products should:

• Consult a healthcare professional if they have ongoing scalp or hair issues.
• Review the terms of the settlement to determine eligibility for compensation.
• Stay informed about product recalls or further legal developments.

How to Check Product Safety

Consumers are encouraged to:

• Review ingredient lists for potential allergens or irritants.
• Monitor official sources for updates on product safety and recalls.
• Report adverse reactions to the U.S. Food and Drug Administration (FDA) or relevant authorities in their country.

Ongoing Developments

While the $5.2 million settlement has resolved many claims, legal proceedings and investigations may continue, especially in international jurisdictions. The information in this guide is based on current public records and allegations. Outcomes may change as new evidence emerges or additional cases are filed.

Conclusion

The DevaCurl lawsuit serves as a cautionary tale for both consumers and manufacturers in the beauty industry. It highlights the need for vigilance regarding product safety, transparency in marketing, and responsiveness to consumer concerns. As the legal landscape evolves, both DevaCurl and other brands will likely face increased scrutiny over their product formulations and business practices.

Disclaimer:
This guide provides a general overview of the DevaCurl lawsuit based on publicly available information and allegations as of June 2024. Legal outcomes may change, and individual circumstances vary. For specific legal advice, consult a qualified attorney.