On January 3.2021, U.S. District Judge Gregory H. Woods granted final approval to a $5.2 million deal ending claims that some of DevaCurl’s hair products damaged users’ scalps and caused the hair to fall out. Deva Concepts LLC will pay into the settlement fund to make labeling changes to all of its products. The order ends a consolidated class action that had plaintiffs in Florida and California claiming the company’s “sulfate-free” hair products caused significant hair loss. Numerous putative class actions were filed in February 2020 by consumers who claimed a number of DevaCurl’s products, like its “No-Poo Original” and “Low-Poo Delight” conditioners and cleansers, caused “excessive shedding” of hair. The plaintiffs’ claims were consolidated into a single action in June 2020.
The settlement plan established a two-tiered payout system. Under the first tier, anyone who purchased a DevaCurl product between February 2008 and August 2021 can claim a $20 payout. Should more than 37,500 buyers seek out this compensation, the individual amounts will be reduced.
The second tier is for those who suffered serious personal injuries like hair loss, hair damage, scalp irritation, and emotional distress. These class members can receive up to $18,000 and up to $1,000 for provable expenses. All claims had to be submitted by Nov. 21, 2021.
The 11 lead plaintiffs will also receive $600 each from the award.
The consumers were represented by Gary E. Mason of Mason Lietz & Klinger LLP and Charles E. Schaffer of Levin Sedran & Berman LLP.
The case is In Re: Deva Concepts Products Liability Litigation, No. 1:20-cv-01234 (S.D.N.Y.).
