Wen Hair Care Product Lawsuit Over Hair Loss Problems Settled for $26.3M

Roughly six million users of WEN hair care products could be eligible to for compensation from a $26.3 million settlement reached in a class action lawsuit filed over the risk of hair loss and scalp irritations. 

A federal judge in Los Angeles has given preliminary approval to a Wen hair cair product settlement (PDF) for a class-action lawsuit filed in January 2014, which pursued claims on behalf of individuals nationwide against Guthy-Renker, LLC and Wen By Chaz Dean, Inc. The complaint alleged that problems with WEN hair care products caused hair to fall out or resulted in severe irritation, and claims that the defendants failed to warn about the risk.

The Wen hair care products lawsuit was originally filed in the United States District Court Central District of California in January 2014, by residents Amy Friedman and Judi Miller, who sought class action status on behalf of themselves and any other consumer or user who suffered hair loss or scalp irritations after using Wen hair care products.

Plaintiffs alleged the celebrity stylist, and creator of the product, Chaz Dean, as well as the marketer Guthy-Renker, negligently created and falsely advertised the formula WEN Cleansing Conditioner, which was marketed as “a revolutionary way to cleanse and hydrate the hair.” The lawsuit claimed that in reality, using the product as instructed caused thousands of consumers to experience loss of hair, scalp rashes, and irritation, among other problems.

While WEN advertising claimed that the products strengthen hair, dozens of women reported that it does the exact opposite, and continues to cause hair loss and damage even after they stop using it. Some of the complaints directed toward the hair care product manufacturer have claimed the conditioner causes hair loss because it does not contain any cleanser, and it is never fully removed from the user’s hair causing the ingredients to enter the hair follicles.

Despite agreeing to the massive WEN hair care product settlement, Chaz Dean and its marketing company maintain that the agreement was reached only to avoid lengthy litigation and additional costs.

The settlement could leave an estimated 6 million people eligible for compensation upward of $20,000 each, depending on the related side effects of WEN hair care products they experienced.

The distribution of funds from the settlement have been sectioned off by the court in four classes of compensation eligibility, with those experiencing the worst side effects including loss of more than 50% of hair, including but not limited to, large bald spots and in cases where hair regrowth has been minimal will be eligible for between $12,500 to $20,000 awards. Those with large bald spots or overall thinning that covered more than one-third of the head will be awarded between $7,500 and $12,500. Claimants that experienced noticeable hair loss of up to one third of the head, or those that experienced scalp irritation resulting in small bald spots or obvious thinning will be awarded between $2,500 and $7,500. Users who experienced mild scalp irritation or up to 20% of hair loss where regrowth took between one and four months will be eligible for awards ranging from $0 to $2,500.

According to the FDA, more than 21,000 reports of problems have been directly reported to Chaz Dean and its marketing company Guthy-Renker.

Although the class action lawsuit may soon be finalized, Chaz Dean and its marketing company may be in store for additional penalties as the FDA announced it has opened an investigation into consumer complaints of Wen hair care products. Officials from the agency stated that it is the most complaints that have ever been recorded in relation with any cosmetic hair cleansing product.