January 3rd, 2022 was the date when U.S. District Court Judge Gregory H. Woods issued the final verdict against the DevaCurl lawsuit. According to the settlement website, the financial compensation through checks will be sent via mail to the plaintiffs after the resolution of the final approval.
Consumers who purchased and used DevaCurl products would be able to get $20 without providing proof of purchase depending on the tier they belong to. The court has just resolved the lawsuit of $5.2 million DevaCurl that was raised against the claims that the products from the brand caused hair irritation and scalp issues, as well as the brand being accused of false advertising.
If the claims of Tier 1 exceed the payments of $750,000, the payments per plaintiff will then be reduced eventually.
The DevaCurl lawsuit settlement covers everyone who purchased the products in the United States from Feb. 8, 2008, and Aug. 29, 2021.
DevaCurl Lawsuit 2021 and recent updates
The Lawsuit claims that the brand owners failed to provide the instructions about the product that it can cause potential damages to hair and scalp. DevaCurl products are produced under Deva Concepts LLC which are designed and formulated for male and female individuals having curly hair. According to the company’s website, the products are made after the authorization of dermatologists and hair experts.
The DevaCurl lawsuit alleges the defendants against a product that caused hair fall and scalp irritation due to the presence of harsh chemicals. The lawsuit not only asked for financial compensation but alleged that the manufacturers misrepresented the product.
On the other hand, the defendants denied all the claims alleging them for manipulating the ingredients or misrepresenting the details of the product through advertising or by any means. Besides, they agreed to provide the settlement amount.
To get the compensation, consumers are advised to submit a valid claim form along with sufficient acceptable documentation regarding the injuries and the associated expenses. In doing so, each claimant may receive up to $18,000 for their injuries and up to $1000 for every provable expense.
Claims accepted and compensated under the Tier 2 would be determined under lien subrogation payment. However, subrogation documentation for Tier 2 would require the photographs of before and after the use of the alleged product, medical records proving that the injuries have happened, test results, video and written statements, date medical receipts and bills, out-of-pocket expenses, etc.
Potential award varies between Tiers as Tier 1 claimants will have up to $20. Tier 2 claimants will receive up to $18,000 for potential injuries and up to $1,000 for associated expenses. Where there’s no need to provide proof of purchase for Tier 1 claimants and Tier 2 claimants would be required to provide documentation including:
- Before and after photographs – showing how the product damaged the claimant’s scalp and caused irritation. Every photo must be marked as either before or after and must be dated properly.
- Video testimony – Testimony of the claimant describing the caused injury.
- Written or video statement – The statement must show and verify the amount of hair fall suffered and any lasting effects. If there is a written statement, then it should be signed and dated by the stylist or any professional that the plaintiff has consulted.
- Medical records – Tests, doctor’s notes, and test results provided must be signed and verified by the medical professionals indicating the damages that the claimant has experienced. They must also show (if) the claimant was experiencing some other conditions prior to using the alleged products.
- Out-of-pocket expenses – the documents indicating finances that claimants spent while suffering the injuries. The receipts and the medical bills represent the amount you spent on visiting medical practitioners due to the use of products.
- Dated receipts for credit cards expenses, statements evidencing that the expense has been made in terms of medication for the claimed injury
- The dated receipts of the declaration of the supplies, for example, the care provided by the hairstylist and the dermatologists and the healthcare provided to redress the claimed injuries.
Deva Products Covered in the settlement
- Beautiful Mess
- Arc AnGEL
- B’Leave In
- The Curl Maker
- Buildup Buster
- Deep Sea Repair
- DevaCare No-Poo
- DevaCare Low-Poo
- DevaCare Arc AnGEL
- DevaCare One Condition
- DevaCare Detangling Spray
- Frizz Free Volumizing Foam
- Flexible Hold Hair Spray
- High Shine
- Heaven in Hair
- Light Defining Gel
- Leave in-Decadence
- Low Poo Original
- Low Poo Delight
- Melt into Moisture
- Mist-er Right
- No Poo Original
- No Comb Detangling Spray
- No Poo Blue
- No Poo Decadence
- One Condition Delight
- No-Poo Quick Cleanser Spray
- One Condition Original
- Set Up and Above
- Set it Free
- Shine Spray
- Super Cream
- Styling Cream
- Super Stretch
- Super Mousse
- Wash Day Wonder
- Ultra-Defining Gel
DevaCurl Lawsuit – One of the cases
Deva Concept LLC, which has gained the suits of the hair care products for hair loss received global attention in 2002 when the formula named DevaCurl No-Poo Original was developed.
According to the DevaCurl website, the product does not produce leather as the formula is free from sodium lauryl sulfate.
DevaCurl produced a scalp cleanser that was developed botanically with a precise pH level that cleanse the hair scalp without causing harm to hair follicles.
Sara Himmiche, the plaintiff from Montreal, accused the brand that she experienced adverse side effects of the DevaCurl products. She claimed that after purchasing and using DevaCurl products, she suffered from hair loss and irritation with scalp discomfort. She also stated in the DevaCurl alleged lawsuit that the defendant made false representations and shared misleading information about the products and failed to inform the adverse side effects of the continuous use of the products.
Himmiche, seeks damages for the allegations include;
- Scalp irritation
- Heightened risk of hair loss
- Mental distress and anxiety
- Punitive damages
- Unjust restitution and enrichment
Moreover, she is also seeking reimbursement for the investment she has done in purchasing the products. Sara declared that she is not the only one who experienced hair loss after using DevaCurl products.
Thousands of other users have also reported the same about the brand. Such the YouTube influencer Ayesha Malik, posted a video in January 2020 which got global attention named ‘Why I stopped Using DevaCurl’.
In the video, she briefly described how she used to apply Devacurl products on her hair and they turned out to be disastrous for her hair and scalp. She openly pronounced that she experienced excessive hair fall, dandruff, and dryness that straightened out her curls after using DevaCurl hair products which were specially designed for curly hair. She also used to do paid promotions for DevaCurl products which she apologized for in the video and requested her audience to stop using them right away.
When Sara’s experience got viral through her video, hundreds and thousands of DevaCurl users came forward on social media claiming the same conditions sharing their ‘DevaDamage Stories’. Many took over Facebook groups with their personal accounts supporting the slogan ‘Hair Damage & Hair Loss from DevaCurl – You’re Not Crazy or Alone!’
Many decided to sue the company and eventually several users filed lawsuits in California, Florida, and New York alleging Deva Concept LLC for the damage. The lead plaintiff claimed that DevaCurl’s product advertisements are misleading and false. Especially, the advertisements say that the hair products ‘No-Poo’ and ‘Low-Poo’ cleansers do not contain sulfate, silicone, and parabens which makes the products ideal for healthy curls, which is not the case. The plaintiffs further accused that the product packaging does not provide any warning signs or alerts that show the side effects of the product that people are facing with their hair. Additionally, not only Deva Concept LLC is accused of physical hair damage but the emotional distress people faced due to embarrassment from hair loss caused by DevaCurl Products.
There have been numerous events when consumers face hair loss, hair damage or scalp irritation issues while using popular products. The same type of lawsuit was filed in December 2015 when a haircare brand WEN founded by the famous hairstylist Chaz Dean came under a similar allegation of hair loss and scalp irritation while failing to notify the users about the product’s adverse side effects.
The Lawsuit, however, was settled in 2016. WEN paid out the compensation of $26 million along with $20,000 payments for severely affected class members.
Plaintiffs expected a somewhat similar outcome from the DevaCurl lawsuit. As for now, the plaintiffs and the defendant who agreed to meditate on the suit before the January 2021 deadline are requested to submit a motion to dismiss their claims.
If you or your loved one faced scalp irritation, hair loss or hair damage after using a promoted hair care product by any popular brand, then it is suggested to chemically examine the product through professionals. It is also suggested to talk to a skilled attorney to know your rights and for what else you could be eligible to ask for financial compensation.
An experienced attorney will help you look at the legal limitations that you may be having, your constitutional rights against consumer laws, and the judicial requirements prior to filing a lawsuit.
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