ABSTRACT
The global hair market is valued at approximately ninety billion dollars. African American (or Black American) women consume hair care products more than other ethnic groups. Recent studies have shown that the ingredients used in Black hair relaxers are linked to cancer. Consequently, over two hundred product liability cases have emerged against hair care manufacturers.
Some might ask how manufacturers have been allowed to market, sell, and produce poisonous products? The answer may be found in examining the Food, Drug, and Cosmetic Act of 1938 (FD&C Act), which gave the Food and Drug Administration (FDA) agency authority to regulate cosmetics. Examples of cosmetics include hair products, nail products, makeup, tanning products, aromatherapy, and disposable wipes. Although the FDA is the primary regulatory agency for the cosmetics industry, it is not authorized to require manufacturers to prove the safety of their products before marketing. Additionally, the FDA does not test cosmetics for safety.
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) has amended the FDA’s authority to regulate cosmetics to address the safety concerns associated with cosmetic products.
This article examines the FD&C Act and MoCRA through the lens of an African American hair care user. It determines whether MoCRA’s regulations fill in the gaps of the FD&C Act. It argues that proof of active multi-district litigation cases against hair care manufacturers and case studies shows a level of product liability among manufacturers due to the FDA’s relaxed regulations on hair products. The article predicts that the case studies will require a Daubert hearing to determine whether scientific evidence is admissible to prove causation in a product liability suit. This article supports the prohibition of carcinogenic chemicals used in manufacturing Black hair products.
White, Lillian, Carcinogenic Chemicals in Black Hair Products: A Product Liability Issue (December 27, 2023).
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