[DISMISSED] A class action alleges the maker of Mane ‘n Tail-brand shampoos and conditioners has failed to disclose that the products contain an ingredient or combination of ingredients that can cause significant hair loss and/or scalp irritation.
February 15, 2022 – Mane ‘n Tail Class Action Voluntarily Dismissed by Plaintiff
The proposed class action detailed on this page was voluntarily dismissed without prejudice by the plaintiff on February 3, 2022.
The two-page notice of dismissal submitted by the plaintiff can be found here. The document relays that the voluntary dismissal came “[i]n consideration of the Court’s concerns” regarding the plaintiff’s response to Straight Arrow Products’ contention that the consumer cannot assert claims based on products she did not buy.
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A proposed class action alleges the maker of Mane ‘n Tail-brand shampoos and conditioners has failed to disclose that the products contain an ingredient or combination of ingredients that can cause significant hair loss and/or scalp irritation.
At least one ingredient in certain shampoos and conditioners made by defendant Straight Arrow Products is DMDM hydantoin, a formaldehyde donor known to slowly leach formaldehyde when coming into contact with water, the 38-page lawsuit alleges. Per the complaint, formaldehyde is a well-known human carcinogen that can cause cancer and other harmful reactions when absorbed into the skin, and DMDM hydantoin, the suit says, can cause allergic reactions including itchiness, red rashes and contact dermatitis.
The plaintiff, a Manhattan resident, claims to have bought the Mane ‘n Tail items, which are touted as safe for use on humans and domesticated animals alike, based on representations that the products, among other claims, would “restore, revitalize, recondition, refreshen, nourish, fortify, moisturize, strengthen, and/or clean her hair from root to tip.” The woman claims to be among thousands of consumers who have experienced adverse effects—namely hair loss and scalp irritation—after using the products.
“Defendant failed to properly warn consumers of the risks and dangers attendant to the use of such a strong ingredient on their hair and scalp—even well after Defendant knew or should have known of the Products’ hazards,” the complaint contends, claiming DMDM hydantoin is found in Mane ‘n Tail’s Gentle Clarifying Shampoo, Gentle Replenishing Conditioner, New Look! Herbal Gro Conditioner and Daily Control Anti-Dandruff Conditioner.
The case alleges Straight Arrow has known or should have known “for approximately a decade” that DMDM hydantoin can cause or contribute to hair loss and scalp irritation when used as a preservative in hair products. Nevertheless, the defendant, the suit alleges, has continued to market, sell and profit from Mane ‘n Tail products while “inexplicably” continuing to use DMDM hydantoin as a preservative ingredient in some of its shampoos and conditioners. The lawsuit notes that the defendant simultaneously does not use DMDM hydantoin as a preservative in many other Mane ‘n Tail products.
At any rate, the package labeling of the aforementioned Mane ‘n Tail products and the defendant’s websites and marketing materials include no warning to consumers that they face a risk of significant hair loss and/or scalp irritation, the suit says.
“Accordingly, Straight Arrow misled and deceived the public, and placed its customers in harm’s way, all for the sake of increased profits,” the lawsuit alleges.
The suit claims that by “downplaying, concealing and misrepresenting” the Mane ‘n Tail products and the safety and risks of their use, Straight Arrow fell short of its duty to provide consumers with the information they needed while continuing to “create and perpetuate a false public perception” that there was little risk of harm associated with the use of the shampoos and conditioners.
The case looks to represent all persons or entities in the United States who bought any of the four highlighted Mane ‘n Tail products from the beginning of any applicable limitations period through the date of class certification. The suit also looks to represent state-specific classes of consumers in California, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Rhode Island, Washington and Wisconsin who fit the same criteria.
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