Being one of the most consumer sensitive markets in the world where consumer awareness as well as actions are much higher and growing, the US has witnessed several high profile consumer litigations, especially in the food and healthcare space, in the recent time. And, many such litigations have also resulted in permanent recalls of the products and/or huge consumer liabilities, fines and penalties slapped on the manufacturers.
Here is a look at some of the recent consumer litigations that had the maximum number of complaints on a single product or the same group of products in the US.
Dabur's hair relaxer products
Among the latest was the instance of a huge number of consumer litigations against the most sold hair relaxer brands filed simultaneously in the US and Canada. There were about 5400 cases filed against these products manufactured and sold by several companies, including India's fast moving consumer goods (FMCG) company Dabur and three of its subsidiaries. These companies have been sued last week over allegations of their hair relaxer products causing ovarian and uterine cancer and other health issues.
Experts say litigations such as these generally falls under the product liability category in the US. A product liability litigation means the reason for the litigation is products in question have either caused harm to customers who purchased or used them.
Johnson & Johnson's baby powder
The litigation against Johnson & Johnson (J&J) related to its talc-based products and their alleged link to cancer was another high profile product liability cases in the recent years. The company faced a flood of litigation for roughly a decade alleging that these talc products caused cancer in children as well as adults.
These lawsuits have raised concerns about the safety of talcum powder products, particularly baby powder, which has been a staple in many households for decades. As of now J&J has made settlements worth $8.9 billion in this consumer litigation.
Bayer's weed killer
Another significant case has been of Bayer owned Monsanto. The agrochemical company as of September 2023 reached settlements worth $11 billion in nearly 100,000 cases in the US on allegations that their weed killer product — Roundup, was linked to cancer and other health conditions.
Shampoo from Unilever and P&G
Over the past 2 years, there have been a spate of recalls of consumer products. Companies such as Unilever and P&G recalled popular brands of their dry shampoo while over 75 spray style sunscreen and after sun products were taken off shelves by companies on fears of the products containing carcinogenic benzene, which is linked to blood cancers.
Hershey’s dark chocolate
Lawsuits have also been linked to food containing heavy metals. A few examples include over 50 lawsuits filed against baby food manufacturers on allegations that the level of heavy metal in the food led to autism and neurologic disorders while Hershey’s has been sued in the US for allegedly failing to disclose presence of heavy metals in its dark chocolate.
Experts say the reason for harmful substances making their way into consumer products is due to factors such as the assumption that safety checks are in place and due to lack of laws or regulation on what the products contain and whether they are in the permissible limit.
When it comes to hair relaxer products, the allegation has been that the products in question though marked safe contain endocrine disrupting chemicals, which increase the risk of developing uterine or ovarian cancer. A recent study indicated that older black women who used hair relaxers more than twice a year or for more than five years had more than 50% risk of being diagnosed with uterine cancer.
The US drug authority or the US Food and Drug Administration (USFDA) is considering banning chemicals linked to cancer from use in hair straightening products.
For Dabur, the products in question seem to be at-home hair relaxer products sold under various brand names such as ORS Olive Oil. It is designed for women with frizzy or extra curly hair and in normal and extra strength. Lawyers have indicated those who intend to file a lawsuit against the company (in the US) must have used Dabur International’s chemical hair relaxers for at least 2 to 5 years, at least four times a year and must be diagnosed with uterine or ovarian cancers.
The next steps to watch will be whether the number of litigants increase and any possible financial impact. Currently, Dabur has indicated the cases are in the pleadings and early discovery phases of litigation and at this stage any financial implication due to settlements or verdict outcome cannot be determined.
(Edited by : C H Unnikrishnan)
First Published: Oct 26, 2023 6:29 PM IST
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