Georgia Supreme Court Allows Hair Product Lawsuit to Proceed

News Summary

The Georgia Supreme Court has ruled that Kiara Burroughs can continue her lawsuit against hair product manufacturers Strength of Nature and L’Oreal for allegedly causing her uterine fibroids. The ruling overturns a lower court decision that dismissed her case due to a statute of repose. This decision allows her to claim negligence and fraudulent misrepresentation related to products used within ten years of her lawsuit. Burroughs aims to hold the companies accountable for health risks associated with their hair relaxers, potentially impacting future product liability claims in Georgia.

Atlanta, Georgia — The Georgia Supreme Court ruled on Wednesday that Kiara Burroughs’ lawsuit against hair product manufacturers Strength of Nature and L’Oreal can proceed. Burroughs claims that their chemical hair relaxer products caused her to develop uterine fibroids. This ruling overturns a previous decision by a lower court that dismissed her lawsuit based on the statute of repose, which limits legal claims to within ten years of a product’s first sale.

The ruling is significant as it allows Burroughs to move forward with her allegations that include negligence and fraudulent misrepresentation. Burroughs first purchased Strength of Nature products in 1995 and began using L’Oreal products in 2003. She regularly used both brands from 1995 to 2001 and again from 2002 until 2014. Her diagnosis of uterine fibroids came in 2018, and she filed her lawsuit in October 2022.

Initially, the Georgia Court of Appeals dismissed Burroughs’ claims, stating that the statute of repose began ticking down from her first product purchase. However, the Georgia Supreme Court clarified that the statute should refer to each unit sold rather than a single group of products purchased over time, thereby reopening the possibility for her to pursue legal action for products bought within ten years of her lawsuit.

The justices emphasized the importance of clear legal language, stating that the term “first” cannot imply a different meaning in this context. Their decision allows Burroughs to potentially hold the companies accountable for products sold within the applicable ten-year window preceding her lawsuit.

Burroughs’ lawsuit claims that both Strength of Nature and L’Oreal marketed their hair relaxers as safe despite being aware of possible health hazards associated with their use. While the ruling permits Burroughs to advance her case, the justices noted that she will need to demonstrate that the specific products used within the ten-year timeframe were indeed responsible for her medical condition.

Attorney Elizabeth Stone, representing Burroughs, expressed optimism as the case now heads toward discovery, a legal process where both parties investigate evidence concerning the manufacturers’ awareness of health risks linked to their products.

This ruling has potential implications beyond Burroughs’ case, as it may set a precedent for similar product liability claims in Georgia. Consumers who have used products over extended periods and later suffered health issues could now have greater opportunities to seek legal recourse.

L’Oreal, in response to the ruling, expressed disappointment. The company clarified that the decision pertains to procedural aspects of the legal process and does not address the merits of the claims regarding the causes of Burroughs’ health problems.

This development signals a broader potential impact in consumer health and product liability laws in Georgia, indicating a movement towards allowing individuals to challenge the long-term safety of products they have used.

As Burroughs’ case progresses, further examination of product safety and corporate responsibility in the cosmetics industry may come to the forefront, influencing both regulatory policies and the landscape of future litigation.

Deeper Dive: News & Info About This Topic

• Georgia Recorder
• CBS News
• Atlanta Journal-Constitution
• Encyclopedia Britannica: Product Liability
• Google Search: Hair Relaxer Health Risks