The OGX Shampoo Lawsuit: What Is It All About?

Johnson & Johnson Consumer Inc. (J&J) has been defending itself against class action lawsuits alleging that the chemicals in its OGX shampoos and conditioners cause hair loss.

J&J marketed OGX hair products as safe and effective at nourishing, mending, and revitalizing hair. However, the plaintiffs in the OGX shampoo lawsuit claim that these products include dangerous, hair-losing ingredients like formaldehyde and DMDM.

This article explores everything related to the OGX shampoo lawsuit, right from the history of Johnson & Johnson to the list of potentially dangerous products.

What is the OGX Shampoo Lawsuit All About?

Larissa Whipple, the plaintiff, is one of the major players behind the OGX shampoo lawsuit against Johnson & Johnson Consumer Inc. She alleges that the use of OGX’s Biotin + Collagen Shampoo and Conditioner led to her hair fall.

Background

In 1886, Johnson & Johnson aimed to develop pharmaceuticals, medical devices, and consumer products. Its decorated corporation consists of over 250 subsidiary firms with operations in around 60 countries and global sales of around 70 billion dollars across 175 countries.

Apart from OGX, which is behind the OGX shampoo lawsuit, Johnson & Johnson has several consumer brands: Tylenol, Listerine, Johnson's, Band-Aid, Avexeno, and Neutrogena. 

Vogue International was purchased by Johnson & Johnson in 2016 for the cash equivalent of US $3.3 billion. Numerous high-profile cosmetic items, such as the OGX product line, were acquired.

Johnson & Johnson stated at the time of the announcement that purchasing Vogue International's whole range of cutting-edge hair care products, which is distributed in 38 countries in addition to the United States, will "strengthen our global presence in this important category."

Johnson & Johnson's Failed Promise

Several preservatives, such as formaldehyde donors, are used in cosmetics and hair products. These preservatives have been connected to the emergence of allergies, dermatitis, hair loss, and even cancer.

Formaldehyde donors are preservatives that are added to cosmetics with high water content to inhibit the growth of microorganisms that could enter the product during the manufacturing stage or during storage.

Formaldehyde is a well-known human carcinogen that, when absorbed via the skin, can result in cancer and other adverse effects. The plaintiffs in the OGX shampoo lawsuit state this component had adverse effects on them.

Although DMDM hydantoin has been a preservative in Johnson & Johnson products for over a decade, safer natural alternatives are available; therefore, using DMDM hydantoin as a preservative presents an unnecessary danger, which is the basis of the OGX shampoo lawsuit.

Despite being well aware of the ill effects of formaldehyde donor preservatives (DMDM hydantoin) since 2012, Johnson & Johnson continued to employ sodium hydroxyl and DMDM hydantoin (also known as DMDM-h) in the OGX line of products even after removing the above preservative from its other products in 2015. This seems to be one of the reasons behind the OGX shampoo lawsuit.

Scientific research in 1987 aimed to determine if DMDM hydantoin in cosmetics could cause adverse effects in patients pre-sensitized to formaldehyde. The study's result was that DMDM hydantoin, at the concentration level, found in cosmetics has enough free formaldehyde to cause dermatitis.

Another study in 2015 showed that the longer the storage period and the higher the temperature, the higher the release of formaldehyde from FRPs, which could cause dangerous health concerns.

Formaldehyde has been scientifically proven as a human carcinogen and is also recognized by the International Agency for Research on Cancer and the United States National Toxicology Program.

Like many other cosmetics producers, Johnson & Johnson began using DMDM hydantoin as a preservative in its products prior to 2011. Starting in 2012, however, the company followed the lead of other manufacturers and stopped utilizing hazardous compounds like DMDM hydantoin. Nonetheless, Johnson & Johnson still uses this formaldehyde donor in several OGX-branded products today, despite the OGX shampoo lawsuit.

Some of the alternatives (known to Johnson & Johnson), which are non-carcinogens and non-synthetic, are listed as follows:

• Citric acid and its salts
• Lavender oil
• Sorbic acid and potassium sorbate
• Rosemary oil extract
• Grapefruit seed extract
• Glyoxylic acid and its derivatives

Misrepresentations By Johnson & Johnson's

The OGX products display labels on the front of all their bottles stating that they have been formulated with various oils, botanicals, and fruits to foster and resuscitate damaged or dry hair, improve its softness and lustrous nature, and help prevent tangling and freezing.

Hence, the plaintiff in the OGX shampoo lawsuit did not anticipate any adverse effects (scalp irritation and hair loss) upon proper usage of the product. If the product is supposed to cause harm, then it should carry appropriate warnings as regulated by the Food, Drug, and Cosmetic Act.

Even to the date of the OGX shampoo lawsuit, Johnson & Johnson has maintained that their products are safe to use as prescribed, never disclosing information about hair loss complaints or issuing cautions about potential hair loss from prolonged usage.

Relief Claims

The claims of relief in the OGX shampoo lawsuit were based on the following violations:

• Violation of State Consumer Fraud Acts
• Violation of the Illinois Consumer Fraud Act
• Violation of the Illinois Uniform Deceptive Trade Practice Act
• Fraud
• Unjust Enrichment

Which Products Does the Lawsuit Mention?

According to the OGX shampoo lawsuit, DMDM hydantoin is present in the following OGX shampoo and conditioner products:

• OGX Biotin + Collagen Shampoo
• OGX Biotin + Collagen Conditioner
• OGX Renewing Argan Oil of Morocco Shampoo
• OGX Renewing Argan Oil of Morocco Conditioner
• OGX Anti-Breakage and Keratin Oil Shampoo
• OGX Anti-Breakage and Keratin Oil Conditioner
• OGX Detox + Pomegranate & Ginger Shampoo
• OGX Detox + Pomegranate & Ginger Conditioner
• OGX Marula Oil Conditioner
• OGX Nicole Guerriero Midnight Kisses Shampoo
• OGX Nicole Guerriero Midnight Kisses Conditioner
• OGX Nicole Guerriero Mistletoe Wishes Shampoo
• OGX Nicole Guerriero Mistletoe Wishes Conditioner
• OGX Nicole Guerriero Ice Berry Queen Shampoo
• OGX Nicole Guerriero Ice Berry Queen Conditioner
• OGX Extra Strength Hydrate & Repair and Argan Oil of Morocco Shampoo
• OGX Extra Strength Hydrate & Repair and Argan Oil of Morocco Conditioner
• OGX Ever Straightening and Brazilian Keratin Therapy Shampoo
• OGX Ever Straightening and Brazilian Keratin Therapy Conditioner
• OGX Kandee Johnson Candy Gumdrop Shampoo
• OGX Kandee Johnson Candy Gumdrop Conditioner
• OGX Kandee Johnson Frosted Sugar Cookie Shampoo
• OGX Kandee Johnson Frosted Sugar Cookie Conditioner
• OGX Kandee Johnson Sparkling Cider Shampoo
• OGX Kandee Johnson Sparkling Cider Conditioner
• OGX Quenching + Coconut Curls Shampoo
• OGX Quenching + Coconut Curls Conditioner
• OGX Hydrate + Defrizz and Kukui Oil Conditioner
• OGX Youth Enhancing + Sake Essence Conditioner