New month, new beauty lawsuit drama! Back in December, we debriefed you about the class-action lawsuit against Wen, the wildly popular infomercial hair care brand best known for its cleansing conditioners. Unlike similar suits we’ve seen recently involving users having adverse reactions to beauty products, this one hasn’t been settled—and, in a surprising twist, the federal government has now gotten involved.
House Representative Frank Pallone, a Democrat from New Jersey, is spearheading efforts to get clearer answers from both Wen and the FDA about how each have handled complaints from more than 17,000 customers who say their use of the brand’s products has caused hair loss and bald spots, scalp rashes, and burning eyes. “Consumers deserve to know that they are making safe choices when they purchase cosmetics,” Pallone said in a press release yesterday from the House Energy and Commerce Committee. “Unfortunately, since popular cosmetics and personal care products are largely unregulated before they reach the marketplace, these products can contain harmful chemicals that have the potential to put consumers at risk. We must reform our nation’s outdated cosmetics law and ensure that FDA has the resources necessary to review the chemicals used in household products when they are sold to consumers.”
This isn’t the first time Pallone has argued that the U.S. government should do more when it comes to ensuring that the ingredients used in beauty products are safe—and he’s in good company. A new national survey released March 1 revealed that 87 percent of voting Americans want stricter regulation of personal care products, and since last spring, two senators have been actively working toward making that happen. Dianne Feinstein and Susan Collins (a California Democrat and Maine Republican) are pushing forward a bipartisan bill called the Personal Care Products Safety Act that would update the Food, Drug, and Cosmetics Act—an 80-year-old law that’s supposed to guarantee the safety of cosmetics but falls short of what’s needed to wrangle what’s now a $189 billion a year industry. Their law would require companies to ensure that products are safe before putting them on the market and give the FDA tools for enforcing this.
But back to Wen—we want to note that the company is still standing by the fact that its products contain nothing toxic or harmful (and it’s true that even seemingly benign ingredients like natural fragrances can cause dramatic reactions like those listed in the suit against the brand if someone is allergic or highly sensitive to them). “There is no scientific evidence to support any claim that our hair care products caused anyone to lose their hair,” a company representative told us in December. “There are many reasons why individuals may lose their hair, all unrelated to Wen. We intend to vigorously contest the allegations made.”
Looks like things are about to get even more vigorous. We’ll keep you updated once Wen responds to Rep. Pallone’s letter—until then, let us know: How many of you have continued to use your beloved Wen?
Watch How a Quick Haircut and Bold Lip Can Boost Your Confidence:
Photos: Leibowitz Pictures
Wen Hair Care Lawsuit Update: Why the Government Is Getting Involved
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