The Danish case on injury following the use of hair dyes

During the last couple of years the Danish Consumer Council has been contacted by more than 300 consumers who have experienced injuries after having used hair dyes. The hair dyes contain allergenic chemicals, and some products even contain chemicals with acute toxic effects. It is impossible for the consumer to know what the hair dyes contain. The authorities lack information on the ingredients, and the manufacturers do not provide information on the possible effects of the hair dyes. In Denmark and Norway consumers are slowly becoming aware of the potential dangers connected with the use of hair dyes. We need, however, to communicate to other consumers that injuries from hair dyes are not a private problem, but a problem that affects an increasing number of people. Moreover it is a problem that needs to be addressed by the manufacturers as well as EU legislators.

The problem
We have received more than 100 written complaints on personal injury following the use of hair dyes. The injuries in question are swellings, suppurating wounds, inflammation, distended scalp, serious hair loss and fainting fits. This is the case whether the hair was dyed at home or with a hairdresser. Several persons have been so ill that they could not go to work. One person fainted (anaphylactic shock), and the vast majority have received medical treatment, and antihistamines or hydrocortisone (adrenal cortex hormone) have been prescribed to them.

We want a change in legislation
The Danish Consumer Council works for a change of the Danish legislation and the EU rules in this area in order that the dangerous substances are banned in hair dye products, which contain a vast number of different chemical substances. Many substances are not regulated, i.e. their effects on human beings have far from been clarified. There are rules for a few of the substances though. In these cases the manufacturers must, according to the Cosmetic Regulation of the Danish EPA, give a warning that the substances are present in the hair dye product - either on the packaging or on a package insert. The percentages of the substances in the product do not however appear from the declarations of contents of the hair dye and bleach products.

We bring the cases to court
The Danish Consumer Council has engaged in a number of product liability cases in relation to hair dye injuries under our scheme "The Consumers' Test Cases". A number of concrete injury cases have been selected, and the Danish courts are to decide on the question of liability or non-liability under the General Product Safety Directive. One question in particular which will be considered in court is whether the manufacturers have warned the consumers sufficiently about the risk of using hair dye products, including whether the manufacturers have sought to limit the risk of using the hair dye products. We will examine all complaints on personal injury, and a survey of which injuries the consumers have experienced from products will be passed on to the Danish EPA and the European Commission.

The response from L'Oreal
The cosmetics giant L'Oréal pays money to customers who have been injured after using hair dyes. Even though the company considers that they are not liable for the injuries. L'Oréal has in several cases paid large sums to customers who have suffered allergic injury due to the company's hair dyes. L'Oréal pays even though the company in its letters to the injured persons emphasises that "we do not consider that we are liable for your problem".

The reason why L'Oréal chooses to pay anyway is, according to the letters, that they have been "very touched" by the problem which they are "genuinely sorry about", and because the company "understands ... that this has been a difficult and disagreeable time for you". But the payments may also be seen as part of a strategy which apparently is to prevent that the company gets involved in lawsuits which may end up with a fundamental ruling holding L'Oréal liable for people getting ill from the hair dyes.

The Danish Consumer Council wishes to try these cases in the court of law, because we need to be certian of, who has the responsibility, when a consumer is injured by for instance a hair dye product.

Cases in the court of law
We have 107 cases registered today - and 38 of these are connected to L'Oreal.
So far we have claimed damage-payment in 3 cases, and in all 3 cases the companies (L'oreal and Schwarzkopf) have chosen to pay our demand - without going to court.
In one case we have now taken legal action:
Jane Pape (20.440 Dkr. in damage-payment).
The product is L'Oreal Excellence Creme from L'Oreal Paris

The case will start in High Court, with the possibility of getting a judgement of the Supreme Court.
We expect that the High Court will pass judgement at the beginning of 2006.

For further information please contact:
Sonny Kristoffersen Tel: +45 7741 7728