The attorneys handling a group of 13 class action lawsuits that alleged certain DevaCurl products can cause scalp irritation and hair loss have asked a federal judge to approve a proposed $5.2 million settlement to end the litigation.
According to a July 26 court filing, the proposed settlement, which still needs preliminary approval before proceeding, is the result of roughly six months of “vigorous, arm’s-length negotiation” with the aid of an experienced mediator. The filing states that the settlement is “an excellent result” for DevaCurl users in that it offers multiple forms of monetary relief and avoids the risks both sides would have faced had the cases gone to trial. As part of the settlement, DevaCurl has also agreed to adjust the labeling of certain products for at least two years to better educate buyers on product safety information.
If you’ve bought DevaCurl products and experienced adverse reactions, here’s what you need to know about the proposed settlement.
Be sure to scroll down to see which DevaCurl products are included—and how much you might get from the settlement.
ClassAction.org will update this page if and when the settlement receives preliminary approval. Sign up for ClassAction.org’s free weekly newsletter here for the latest information.
Who’s covered by the DevaCurl class action settlement?
The proposed deal is slated to cover anyone in the United States who bought and/or used any of the DevaCurl products listed below between February 8, 2008 and 30 days after the date of preliminary settlement approval.
Which DevaCurl products are included?
The deal looks to include the following products:
Arc AnGEL Beautiful Mess B’Leave In Buildup Buster The Curl Maker Deep Sea Repair DevaFresh DevaCare Low-Poo DevaCare No-Poo DevaCare One Condition DevaCare Arc AnGEL DevaCare Detangling Spray Flexible Hold Hair Spray Frizz Free Volumizing Foam Heaven in Hair High Shine Leave in-Decadence Light Defining Gel Low Poo Delight Low Poo Original Melt into Moisture MirrorCurls Mist-er Right No Comb Detangling Spray No Poo Original No Poo Blue No Poo Decadence No-Poo Quick Cleanser Spray One Condition Decadence One Condition Delight One Condition Original Set it Free Set Up and Above Shine Spray Spray Gel Styling Cream Super Cream Super Mousse Super Stretch Ultra Defining Gel Wash Day Wonder Wave Maker
How much money could I get from the settlement?
There are two “tiers” of monetary relief proposed by the settlement, as described below.
Tier 1 – Up to $20 for undocumented minor reactions, product purchases
This tier offers compensation to those who had undocumented and minor adverse reactions to DevaCurl, as well as those who suffered no reaction but purchased the products covered by the deal. Those who submit an eligible claim within this category may be able to recover a one-time payment of up to $20.
Tier 2 – Up to $19,000 for documented, significant adverse reactions
This heavy-duty tier is for consumers who experienced documented, significant adverse reactions after using a DevaCurl product. Those who fall within this tier, for instance, may have experienced hair loss, balding and significant scalp irritation. Eligible consumers who submit claims under this tier may be able to collect up to $18,000 for their injuries, plus $1,000 for related out-of-pocket costs.
Importantly, for consumers to be eligible for a Tier 2 payment, they must submit appropriate evidence documenting the harm they’ve suffered as a result of using a DevaCurl product. Examples of qualifying supporting documentation may include the following: “before” and “after” photographs of the hair and/or scalp; medical records, doctor’s notes and test results; statements from a doctor, hair stylist or other witness to the injuries; medical bills; and credit card statements or receipts detailing out-of-pocket expenses.
Court documents state that the proposed settlement administrator, KCC, will be responsible for calculating Tier 2 monetary awards and will adjust compensation accordingly for consumers who have already been compensated by Deva Concepts for their injuries.
More specifically, the court filing states:
The Settlement Administrator will determine the value of all Tier 2 claims, and award points based upon, without limitation, the sufficiency and credibility of the evidence provided, the severity of the hair loss, balding, thinning and/or scalp irritation, duration of the hair loss, balding, thinning, scalp irritation and amount of documented out-of-pocket expenses. If necessary to evaluate a claim, the Settlement Administrator may issue a one-time request to the Claimant to provide any information that is missing or improperly submitted on the Tier 2 Claim. The Settlement Administrator shall review any revised Tier 2 Claims and adjust the points assigned, if warranted.”
The amount of settlement money to be awarded to Tier 2 claimants will be subject to a final review by attorneys for both parties before going to a special master for one last binding determination.
What about the product label changes?
In addition to the monetary compensation outlined above, the proposed settlement will require Deva Concepts to make specific labeling changes. All new products made by the company after July 1, 2021, and for a period of at least two years thereafter, must display labels instructing users to “[s]can for education, how-tos and product safety information,” along with an accompanying QR code directing consumers to a landing page with additional information.
Where and how can I file a claim?
If and when the settlement receives preliminary approval, you can head to the proposed official settlement website—CurlyHairSettlement.com—to file a claim and learn more.
Please note that the website is not yet live and will only become active after the settlement receives preliminary approval and notices are sent to those covered by the deal.
Can I file a claim now?
Not quite yet. The proposed settlement still needs preliminary approval from a judge before DevaCurl users can file claims. We’ll update this page as things progress, so be sure to check back for updates.
If and when the deal is preliminarily approved, notices will be sent to DevaCurl users by regular mail or email. Notice of the settlement is also set to be published with certain media outlets, so keep an eye out.
Learn more about class action notices and how settlement administrators get your information right here.
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