The TRESemme Lawsuit - Why Was Unilever USA Held Accountable?

A class-action lawsuit was filed against TRESemmé in December 2020 by two women who were unaware of the harmful consequences of the chemicals that are used in their shampoo products.

They believe that Unilever USA Inc., the maker of TRESemmé’s range of hair-care products, must be held accountable for their and other customers’ hair loss and scalp injuries that resulted from using their products.

Several more TRESemmé patients have filed similar class action lawsuits against the cosmetics behemoth since then. Everything you might want to know about the TRESemmé lawsuit and hair loss case is included in this article.

Tresemmé Keratin Shampoo

DMDM hydantoin, a chemical preservative similar to formaldehyde, is included in the TRESemmé shampoo components. As a result, the shampoo has a longer shelf life since bacteria cannot grow in the water-based solvents.

Chemical compound formaldehyde is very carcinogenic. Several undesirable effects may occur when absorbed into the skin, including cancer.

Because TRESemmé shampoo is administered directly to the scalp, users are subject to these dangers. The action claims that the inclusion of DMDM hydantoin in the goods is superfluous due to the availability of safer alternatives.

It is a violation of contract, a common law breach, an explicit warranty breach, an implicit warranty breach, unjust enrichment and fraud on the part of Unilever because this dangerous chemical was not disclosed to consumers.

They claim to “repair hair,” “gently cleanse,” “thoroughly nourish,” and “add shine” with their keratin shampoo and conditioner lines.

This is a complete and utter lie. The TRESemme lawsuit isn’t the first time Unilever has been involved in a similar legal battle, which is shocking.

The Suave Professionals Keratin Lawsuit

During a class-action lawsuit against Unilever in 2012, the company recalled the Suave Professionals keratin products and it had paid 10.2 million dollars in settlements.

Hair loss, scalp irritation, and blisters were common side effects for customers who used the goods, and many had to seek medical attention.

There was no warning label on the box, marketing materials, or website of Unilever advising customers that Suave products might cause severe scalp injuries and hair loss.

They claim that Unilever is well aware about the DMDM hydantoin negative effects for ten or more years in the 2020 TRESemmé class-action case. The firm also knows that the formaldehyde donor it utilizes in its products might cause or contribute to hair loss and scalp discomfort.

Even though the corporation was aware of the hazards presented by the chemical in their goods, they failed to adequately safeguard and warn its customers.

What does the FDA say about it?

This line of keratin products from TRESemmé claims to “create velvety smooth hair,” which is touted as being more straight and less frizzy.

Formaldehyde gas, a known cancer-causing toxin, is released by most hair smoothing treatments, according to the most recent FDA consumer updates.

The eyes, nose, and lungs may be irritated by inhaling formaldehyde fumes or absorbing it via the skin. It may also cause severe skin reactions, such as dermatitis or a severe allergic reaction.

The amount of formaldehyde in a product and the amount of time the consumer is exposed to it may have a significant impact on the user’s health.

Some people are more sensitive to it in comparison to others, thus they are more likely to have an unfavorable response to items containing it.

Laws on Beauty Products and Personal Care

Personal care and beauty goods have been regulated in the nation since 1938, according to rules that date back to that time. Technically, FDA approval of personal care items is not required.

Some legislation in Congress, however, aims to broaden the FDA’s scope of regulation to include ensuring the safe production and distribution of cosmetics in the United States.

Personal care and beauty goods are subject to the FDA’s oversight under FFDCA.

The FDA doesn’t have the jurisdiction to approve these products, however the FFDCA prohibits the marketing of adulterated or misbranded cosmetics. Because of this, items with harmful substances or incorrect labeling may be yanked off the shelves.

The Personal Care Product Safety Act was submitted in March this year to the Senate. As a result of the law, cosmetic businesses must be registered with the FDA and give a detailed list of all the components used in their products to the FDA if the legislation is passed.

In addition, the FDA now has the authority to halt the distribution of harmful items containing hazardous substances and to issue recalls as a result of the Act.

Negligence leads to Lawsuits

Unilever USA had a legal duty of care to do all it could to keep its customers safe while using its goods, within reasonable limits.

Hair loss and scalp injuries were common side effects of using TRESemmé’s range of keratin hair care products.

By adding a potentially dangerous component in its goods and neglecting to notify consumers of the dangers, the corporation is being sued in a class action complaint.