African hair braider’s recent victory in Washington.

The Real Hair Truth

In the current political climate where government agencies shut down small businesses for irrational reasons, an African hair braider’s recent victory in Washington state could signal a turning point for entrepreneurial freedom.

The mission of the Washington State Department of Licensing (DOL) is to advance public safety and consumer protection.  So how did this agency get tangled up in a federal lawsuit about hair braiding?

In June 2014, hair braider Salamata Sylla filed a federal lawsuit against the Washington DOL, because the agency had ordered her to either get a cosmetology license, or shut down her business.  Sylla was represented in her lawsuit by the Institute for Justice.

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Defective Product Personal Injury Lawsuits

The Beautiful Lies

Defective product litigation and injury lawsuits involve defective and unreasonably dangerous products that cause personal injuries and even death. Manufacturers of defective products are liable for design defects, improper safety devices and manufacturing defects that cause injury.

Product liability lawyers will evaluate cases involving defective consumer goods that cause physical injuries such as burns, fractures, head injuries and blindness. Lawsuits can be brought against manufacturers for design defects, improper safety devices and manufacturing defects, and marketing defects (failure to warn of possible hazards). Injuries, deaths and property damage from defective and recalled products cost the public more than $500 billion each year.  There are four legal means for establishing liability in personal injury cases where a defective product has caused injury.

  • Negligence occurs when expected, reasonable care is not taken and a legal responsibility exists to do so. The lack of care can be the result of carelessness or even malice. Negligence can occur when defective parts or improper assembly results in a dangerous or malfunctioning product.
  • Breach of warranty takes place when a seller fails to uphold a claim or promise about a product.
  • False advertising that leads consumers to believe a product is safer than it really is, or distracts them from potential risks inherent in the use of a product, can be argued as misrepresentations under breach of warranty or under strict liability.
  • “Strict liability” makes the manufacturer or seller of a defective product responsible for all injuries occurring from the use of the product. The victim must show that the product was defective, and that the defect was the cause of the personal injury. If so proven, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent. “Strict liability” means everyone involved in the making of a consumer product is potentially liable for any personal injury that results from using the product.

There are three main types of product defects that can result in a personal injury.  These occur before the product is created, in the initial design and planning stage.These flaws result from mistakes that take place during the actual manufacturing stage.  Advertising misrepresentations occur when sellers do not provide adequate warnings or instructions, or define the potential risks of using the product.  More than one party may be legally responsible for a personal injury, i.e. the designer, manufacturer, wholesaler, retailer, advertiser, etc.

You may need to know how old the product is that injured you. Most states have laws limiting how long the manufacturer or seller can be held liable for personal injuries. The limits are usually from six to 12 years after the product was first sold on the market.

Product liability cases usually involve products such as toys, automobile design, household products, industrial machinery and equipment, farm machinery, products causing explosions and burns, aviation products, medical devices or drugs and any other defective or unreasonably dangerous product.

A “defective product” is one that causes some injury or damage to person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, are often liable for injuries defective products cause.

Defective Products May Cause Serious Personal Injury

The beautiful LiesYou can see the advertisements on television all the time—women running their fingers through their hair, happy because they have dyed their hair to a “brilliant” color. But what happens if the hair dye is a defective product? After all, hair dye contains chemicals that come in close contact not only with your scalp, but with your eyes, nose and mouth, creating the potential for a serious personal injury. Some women say they suffered severe burns after using hair products, including dyes and relaxers.

According to the FDA, some problems reported from hair dyes include hair loss, burning, redness, itchy or raw skin, swelling in the face and trouble breathing. Sometimes, the issue is an allergic reaction, and the FDA warns that such a reaction can occur even after years of using a hair dye product.

Some lawsuits have been filed against hair dye makers, alleging their product caused women to permanently lose their hair. In 2006, a lawsuit was filed against Procter & Gamble, alleging that Clairol “Nice ‘n Easy” hair dye left the plaintiff with chemical burns on her scalp and caused her hair to fall out.

Hair dye chemical burns do not just happen at home. In fact, lawsuits have been filed against salons alleging that clients suffered chemical burns during hair dye treatments. In 2014, a woman filed a $12,000 lawsuit, alleging she suffered a severe chemical burn to her scalp. Her lawsuit seeks expenses for medical care as well as damages for physical and mental pain and suffering.  An article in the FDA’s Consumer magazine notes that hair straighteners and hair dyes are among the agency’s Office of Cosmetics and Colors top consumer complaint areas. Although some complaints are caused by misuse of the product, others may be related to the product itself, and reactions vary from hair breakage to emergency room visits. According to the FDA article, there have been cases where products were labeled as “chemical free” when they actually contained ingredients that most people would consider “chemicals.” In those cases, the products were eventually removed from the market or had their labels changed.  Chemical burns can be incredibly painful and can have severe consequences for victims. They can take a long time to heal, putting patients at risk for infections. The recovery can be expensive, requiring various medicines, including steroids, to heal the burns and creams to stop the pain. Of course, there is also the emotional impact associated with such chemical burns. The scarring of the head and face can be emotionally traumatic for a person, leading to depression and anxiety.

In cases where a defective product has caused personal injury, it is possible to file a lawsuit to hold the company accountable for putting a defective product on the market.

Help for Those Who Suffered Chemical Burns, Allergic Reactions After Using ‘Just For Men’

Just-For-Men-Chemical-Burns

Contact Parker Waichman LLP today if you experience any of these symptoms after using Just For Men:

Swelling
Burning Sensation
Severe Itching
Blistering
Skin Rash
Weeping Sores
Scarring

Chemical Burns, Swelling, Itching

Even though Just For Men has been on the shelves since 1987, there have been a number of recent reports that the dye caused blisters, itching and chemical burns. Consumer Affairs highlights these painful experiences, citing one user who needed emergency medical care after applying the dye. “I applied the beard dye as detailed in the directions,” wrote Sean Brockton of Massachusetts in the Consumer Affairs comments section. “I had a burning sensation as well, and after rinsing it off, I thought I was fine. The next day, my face and neck had swollen up horribly. The following morning my skin had begun to weep as well, and I went to the ER. I was admitted immediately, as it looked horrible. They were concerned about my throat swelling shut. I am nearly 50 and do not have any allergies that I know of. Whatever is in this stuff is harsh. I needed steroids and Benadryl.” Customers who have been using the dye for years suspect that the formula has recently changed. J of Marietta, Georgia, wrote to Consumer Affairs that “I’ve been using it for over 10 years with no problems and in the past couple of weeks whenever I use it, there is a burning and itching. I’m going to switch to something less harsh,” According to Consumer Affairs, a company representative claims that the formula has not changed in recent years. That representative also said that users should do an allergy test before each application by testing a small patch on the inside bend of the elbow, allow it to dry, and examine it for a reaction over the next 48-hours.

Consumer Affairs points out that, based on the product label, it appears that the company knows that Just For Men can cause these symptoms. The warning reads “Rapidly spreading skin rash, dizziness, faintness, difficulty breathing, shortness of breath, tightness of chest, hives or swelling to eyes/face, blistering of skin or scalp weeping, seek immediate medical attention,” Ultimately, Consumer Affairs questioned whether or not this product is worth using if these are the risks.

Testing for Allergic Reactions

Just for Men users are advised to conduct an “allergy patch test” to determine if they will experience symptoms such as burning, itching, and painful blisters. The Just for Men website provides detailed instructions. A company representative told Consumer Affairs that it was important to perform this allergy test each time before the dye is used. This is necessary even for long-time users, the representative said, because the body chemistry may change at any time.

In the 48 hours following the test, users are told to look out for negative reactions such as stinging, burning, and/or rash. If these symptoms occur, users should stop using the dye and seek medical attention before attempting to color their hair again, the label reads. The warning says to seek immediate medical help if more serious symptoms occur, including a spreading skin rash, dizziness, faintness, difficulty breathing, shortness of breath, tightness of chest, hives or swelling to the eyes/face, blistering of skin, or scalp weeping.

As Consumer Affairs points out, it is interesting to note that the company expects the same negative symptoms reported by users. This indicates that the company knows about the potential dangers.

Testing for Allergic Reactions

Just for Men users are advised to conduct an “allergy patch test” to determine if they will experience symptoms such as burning, itching, and painful blisters. The Just for Men website provides detailed instructions. A company representative told Consumer Affairs that it was important to perform this allergy test each time before the dye is used. This is necessary even for long-time users, the representative said, because the body chemistry may change at any time.

In the 48 hours following the test, users are told to look out for negative reactions such as stinging, burning, and/or rash. If these symptoms occur, users should stop using the dye and seek medical attention before attempting to color their hair again, the label reads. The warning says to seek immediate medical help if more serious symptoms occur, including a spreading skin rash, dizziness, faintness, difficulty breathing, shortness of breath, tightness of chest, hives or swelling to the eyes/face, blistering of skin, or scalp weeping.

As Consumer Affairs points out, it is interesting to note that the company expects the same negative symptoms reported by users. This indicates that the company knows about the potential dangers.

Legal Help for Those Who Suffered Chemical Burns, Allergic Reactions After Using ‘Just For Men’

If you or a loved one suffered from pain, discomfort, chemical burns, swelling or any type of allergic reaction after using Just For Men, you may be eligible for compensation. To find out more about your legal rights, please fill out our online form to the right or call us today at 1(800) YOUR LAWYER (1-800-968-7529).

‘Just For Men’ Hair Dye Users Report Allergic Reactions

Real Hair Truth

Let’s face it, time really goes fast. One second you’re ten years old running around with the neighborhood kids, and the next thing you know you’re running to a local drug store to purchase hair dye.

For men who are going or have already gone completely gray, JUST FOR MEN has been a popular go-to for around 25 years, as its parent company Combe Incorporated introduced the hair coloring product in 1987.  In recent years Just For Men has received a pretty big advertising push from famous celebrities like ex-baseball star Keith Hernandez and basketball hall of famer Walt Frazier–and when you think of hair coloring for guys, Just For Men is arguably the first product many consider using. But, as with other products and services, consumers aren’t always happy with their first choice. Many consumers have posted on Consumer Affairs about horrible symptoms like chemical burns on the skin, severe itching and painful blisters.

Swelling & Burning

 Take Sean of Brockton, Mass. who said that after trying Just For Men he had a severe reaction that caused facial swelling and painful burning.  “I applied the beard dye as detailed in the directions,” he wrote in our comments section.  “I had a burning sensation as well, and after rinsing it off, I thought I was fine. The next day, my face and neck had swollen up horribly. The following morning my skin had begun to weep as well, and I went to the ER. I was admitted immediately, as it looked horrible. They were concerned about my throat swelling shut. I am nearly 50 and do not have any allergies that I know of. Whatever is in this stuff is harsh. I needed steroids and Benadryl,” Sean detailed. Of course one could have an allergic reaction to just about any product on the market, but the fact that a slew of our readers experienced the exact same reaction is telling, and some of them have used the product before with no problems until very recently. Just For Men is made with a bunch of hard to pronounce ingredients like Erythorbic, Ethoxydiglycol, Trisodium, with several other additives, and some of our readers suggest there was a recent change in the product’s ingredients, because many have only received these harsh reactions recently. “Recent chemical formula change—there must have been a change with the beard color chemical formula,” suggested J of Marietta, Ga. “I’ve been using it for over 10 years with no problems and in the past couple of weeks whenever I use it, there is a burning and itching. I’m going to switch to something less harsh,” he wrote.

Real Hair Truth

 On the Just For Men website, it does suggest that users could have a bad reaction to the dye in the frequently asked questions section. It also says each person should do an “allergy patch test” to see if they’ll experience some of the negative outcomes that a portion of our readers have experienced.

Here’s what the website reads: 

“You must do this patch test on the inside bend of your elbow 48-hours ahead of each and every use in order to minimize the risk of an allergic reaction. With mild soap and water, wash an area about the size of a quarter on the inside bend of your elbow. [Then] pat dry.”

“Unscrew the caps from the Color Developer and the Color Base tubes. Mix small, equal parts of the Color Base and the Color Developer in the mixing tray with the plastic end of the brush. Tightly recap both tubes. Apply mixture with a cotton ball or swab to a test area the size of a quarter on the inside bend of your elbow. Allow to dry.”

“Examine the test area during the next 48-hours. If you get no reaction on the unwashed patch test site after 48-hours, go ahead with full application of Just For Men.”

Just to get a little more detail on not only the patch test, but the ingredients of Just For Men, we phoned the company and spoke with a representative named Camille, and she immediately stressed the importance of the allergy test before using the hair dye. Just to get a little more detail on not only the patch test, but the ingredients of Just For Men, we phoned the company and spoke with a representative named Camille, and she immediately stressed the importance of the allergy test before using the hair dye. “There has not, not in about seven years,” she said. “What the readers or the bloggers are not saying is, even if they are long time users, it is definitely stressed and recommended highly that they always do a 48-hour allergy patch test, due to the fact that body chemistry can change at any one given time. Many of them ignore it and don’t do it.” Camille also said she would have an official company spokesperson contact Consumer Affairs, and we’re still waiting for that response.

Real Hair Truth

Medical Advice

The instructions on the site also say if one does have a negative reaction to Just For Men, they should immediately washout the dye with shampoo and discontinue using it. The company also says to get medical advice before using its product or any other dyes.  What’s interesting about the product warning is that the company pretty much anticipates the same negative symptoms many of our readers experienced, which shows Just For Men is aware of the potential harms.  “Rapidly spreading skin rash, dizziness, faintness, difficulty breathing, shortness of breath, tightness of chest, hives or swelling to eyes/face, blistering of skin or scalp weeping, seek immediate medical attention,” the warning reads. For those who experience a bad reaction to the dye, consumers should mail in the entire bottom flap of the box that contains the UPC code. They should then list their name, address and the price paid for the product to: Combe Incorporated, International Haircolor Specialist, 1101 Westchester Avenue, White Plains, NY 10604.

However sending the product back and getting a refund probably won’t satisfy those who have suffered a lot of pain and discomfort like our reader Sean, who had to go the emergency room. Furthermore, if there is such a strong risk that people can be truly harmed by this product, is it even worth using it? And even with the patch test, do you really want to expose any portion of your body just to see if the dye is usable? Hey, sometimes looking good is associated with a small amount of discomfort, ask any female who had to endure uncomfortable shoes to complete an ensemble or a guy who has been choked by a necktie just to fit into the corporate way of dress–but looking a little more youthful shouldn’t risk your very well-being, right? It’s apparent that men should think long and hard about using such dyes, and should maybe even speak to their doctors before using Just For Men or other products like it. Another thing men can do as they are greying is just embrace looking older if possible. But for those who would rather postpone it than embrace it, the research you do before using Just For Men is a huge and crucial part of the dyeing process. Consumers should really be on guard.