FDA Ban on Formaldehyde in Hair Relaxers: What It Means for Black Women

The U.S. Food & Drug Administration has proposed a ban on chemical hair relaxer products containing formaldehyde or similar ingredients for April 2024. Even if a hair relaxer does not contain formaldehyde as a main ingredient, it may have ingredients that turn into formaldehyde when heated, such as methylene glycol or formalin. The use of hair relaxers containing formaldehyde is currently discouraged by the FDA, according to a fact sheet from the agency, but this proposal further solidifies the FDA’s stance. This proposed ban is a public health win, especially for Black women, who are disproportionately put at risk by these products due to anti-Black hair sentiment.  

What is Formaldehyde? 

Formaldehyde is a colorless, flammable gas that is a preservative known to prevent microbes from growing. However, it is also known to cause adverse health effects. It is used in many household products, such as medicines and antiseptics, and is an ingredient in some cosmetics. When chemical hair relaxers are used, formaldehyde gas is released into the air and can cause immediate eye and throat irritation. Repeat exposure can contribute to long-term problems. These problems include: 

Frequent hair relaxer use could also increase the risk of developing certain types of cancer, including ovarian, endometrial, and uterine cancer. 

Hair Relaxers and Cancer 

In October 2022, a National Institute of Health study found that women who used chemical hair relaxers more than four times in one year were more than twice as likely to develop uterine cancer. These findings were consistent with previous studies that linked chemical hair relaxer use to an increased risk of hormone-related cancers in women. Hormone-related cancers in women include breast, ovarian, endometrial, and uterine cancers.  

Formaldehyde – and similar chemicals like phthalates and parabens – are known as “Endocrine Disruptors.” Endocrine-disrupting chemicals are not inherently dangerous but can significantly affect a person’s hormones.  

Though formaldehyde is in many household products, its presence is more concerning in chemical hair relaxers because it requires heat to straighten hair properly. The added heat not only releases formaldehyde gasses but can also cause burns and lesions on the scalp. With scalp wounds, the body absorbs the chemicals more easily, which can enter the bloodstream. 

The study found that approximately 60% of the participants who reported using hair relaxers in the previous year were Black women. Black women tend to use chemical hair relaxer products more than women of other races due to Eurocentric beauty norms that discourage Black women from wearing their hair in its naturally textured state. Many women of color began using chemical hair relaxers as children due to the stigma surrounding their hair in schools and found that the stigma continued as they entered the workplace. Many schools and businesses had rules that dictated how women of color needed to style their hair. These rules favored straight, untextured hair and discriminated against women wearing natural hair or protective hairstyles such as braids, locs, twists, or Bantu knots. As a result, many women turned to hair relaxers and straighteners to comply with discriminatory workplace expectations. 

Some studies found that the societal pressure for Black women and girls to fit the Eurocentric beauty standards caused girls as young as four years old to use hair straightening products and techniques. (Wright DR et al. (2011)). 

The CROWN Act 

The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is a law that prohibits race-based hair discrimination in educational and professional environments. It was first introduced in California in January 2019 and signed into state law in July. It is currently a law in 23 states – Maryland and Virginia both recognize the CROWN Act as law. Twenty-one other states currently have the legislation filed or pre-filed. In March 2022, a Bill known as the Creating a Respectful and Open World for Natural Hair Act, or the measure H.R. 2116, passed in the U.S. House of Representatives. Unfortunately, when it was brought to the Senate that December, it did not pass.  

The FDA and Banned Products 

This case is not the first time the FDA has proposed a ban or entirely banned products. In 2022, the FDA banned talc, an ingredient found in many different health and beauty items, most notably in baby and talcum powder. The FDA banned talc-containing products due to a possible link to ovarian cancer and asbestos contamination. So, the FDA may ban a cosmetic product if they have reliable information showing the product may negatively affect public health.

Formaldehyde, Cosmetics, and Other Countries 

The FDA is not the first regulatory body to consider banning formaldehyde in cosmetics. On July 8, 2022, the European Union banned formaldehyde-containing cosmetics after formaldehyde was officially named a carcinogen, known as a cancer-causing chemical. 

The European Union reduced the amount of formaldehyde allowed in cosmetics from 0.05% (500 parts per million (ppm)) to 0.001% (10 ppm). The changes will not be immediate as the E.U. has agreed to give manufacturers “reasonable time” to implement the necessary changes. However, all labeling and ingredient changes must occur by July 31, 2026. 

Canada has recently updated their regulations regarding formaldehyde and formaldehyde-releasing chemicals in hair relaxer products. Formaldehyde concentrations in hair relaxer products in Canada are not permitted to exceed 0.01% (100 ppm).

Formaldehyde Across the U.S. 

While the FDA regulates products nationally, States can also regulate food, drugs, and other products manufactured in and imported to their jurisdictions. On May 15, 2023, the Washington State Governor signed the “Toxic-Free Cosmetics Act” into law. This Act bans many harmful and cancer-causing chemicals, including formaldehyde and formaldehyde-releasing chemicals. Like the European Union’s approach, the ban will not have an immediate effect but rather give the manufacturers time to reformulate their products and update their packaging. Formaldehyde and formaldehyde-releasing chemicals must be removed from cosmetics by 2026. 

Washington State has acknowledged that people of color, particularly women, are disproportionately affected by these carcinogenic chemicals. Citing an article from the American Journal of Obstetrics and Gynecology, the Toxic Free Future states that African American women buy “nine times more ethnic hair and beauty products than other groups.” These ethnic hair and beauty products include chemical straighteners and hair relaxers.

Currently, only four States regulate formaldehyde and formaldehyde-releasing chemicals in cosmetics: California, Maryland, Washington, and Minnesota. However, Minnesota only regulates formaldehyde and formaldehyde-releasing chemicals in children’s products. With less than 10% of the U.S. States regulating formaldehyde and formaldehyde-releasing chemicals, this proposed ban, if enacted by the FDA, would be hugely beneficial to many Americans, but most notably and importantly, women of color. 

Ingredients to be Aware of 

Ingredient names that can be difficult to decipher crowd product labels. Unlike the E.U., the U.S. does not require manufacturers to clearly label products containing formaldehyde or formaldehyde-releasing ingredients. This labeling can leave the uninformed consumer unaware of the risks associated with the product they purchase.

For example, many keratin-based hair relaxer products contain formaldehyde and related chemicals. However, not all keratin-based hair relaxers contain formaldehyde, nor are all non-keratin-based products formaldehyde-free. So, knowing which formulas and brands are safe can be challenging without checking. Therefore, always check the product ingredients to be sure of its contents. Ingredients to be aware of include formaldehyde, formalin, and methylene glycol. 

Find a Hair Relaxer Lawsuit Lawyer in DC

The Cochran Firm continues to assist clients with Hair Relaxer claims. Our attorneys have extensive experience assisting clients with complicated class action lawsuits, guiding them every step of the process. If you or a loved one used chemical hair relaxers and were later diagnosed with ovarian, endometrial, or uterine cancer, you may be eligible to pursue compensation.

Link to Hair Relaxer information page: https://www.cochranfirm.com/litigation/hair-relaxer/

Further reading:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R1181

https://dtsc.ca.gov/wp-content/uploads/sites/31/2021/05/Chemicals-in-Hair-Straightening-Products-Background-Document.pdf

https://www.paramountbeauty.com/msds/brazilianblowout/brazilian_sds8-2018.pdf

https://www.canada.ca/en/health-canada/services/consumer-product-safety/cosmetics/labelling/safety-ingredients.html#a4.4

https://www.ajog.org/article/S0002-9378(17)30862-1/fulltext

https://www.saferstates.org/news/strongest-law-in-the-u-s-regulating-toxic-chemicals-in-cosmetics-signed-by-washington-state-governor-today/

https://toxicfreefuture.org/washington-state/campaign-2023-washington-state-cosmetics-bill/

Pedestrian Death in the DMV

In the United States, motor vehicles often dictate and dominate travel. This is especially true in the Washington DC area, a city with a population of over 700,000 residents, and many commute to work. Plus, hundreds of thousands of commuters enter the city daily, increasing DC’s population to well over one million people. Public transportation like the metro and buses are options, but most of those commuters are entering the city by car.

Pedestrian deaths have risen in recent years.


While driving can be convenient, this also inherently presents a safety risk. According to a report by the Governors Highway Association, pedestrian deaths have risen by 77% in the United States in the past decade. In Washington, DC, approximately 313 were killed because of vehicle crashes in the DC region in 2022. This is the second straight year that the number of deaths has been over 300. Eighteen of those deaths were pedestrians on DC roads in 2022.

A pedestrian is one who travels on foot, whether walking or running. In 2021, 11 pedestrian traffic fatalities occurred in Washington, DC, according to the Governors Safety Highway Association. This was an increase to previous years, with 6 pedestrian traffic fatalities each occurring in 2019 and 2020.

There are many reasons why pedestrian deaths may occur, and they seem to be on the rise. Different factors include:

Safety features in the cars themselves may have decreased the chances of drivers and passengers suffering fatal injuries. At the same time, however, the rise in speeding and distracted driving increases the risk of pedestrian fatalities.

DC is taking action against traffic fatalities.


Washington, DC, has taken action to reduce fatalities against pedestrians. These include the DC council passing a law banning right turns at red lights by 2025, allowing cyclists to treat stop signs as yield signs if the intersection is clear, and making the local bus service free. By waiving local bus fees, the DC council hopes to increase the use of public transportation and thus lower the amount of motor vehicles on the road.

Washington, DC, is also trying to reduce traffic fatalities through physical projects that can change driver behavior. Washington, DC, is increasing the number of traffic cameras on roads, expanding bike lanes, and making certain roads smaller. The increase in traffic cameras can lead to reduced speeding from cars.

Furthermore, safety advocates say that making streets narrower and slower is one of the best ways to prevent traffic fatalities.

Prince George’s County, MD, has the highest rate of traffic fatalities in the DMV.


In the Washington DC area, Prince George’s County in Maryland has the highest rate of traffic fatalities per 100,000 people. In 2022, 117 people died in a traffic fatality in Prince George’s County, or a rate of 11.8 deaths per 100,000. This rate is significantly higher than the traffic fatality rate of other local jurisdictions in the DC area.

By comparison, Fairfax County, Montgomery County, Washington DC, Prince William County, Loudoun County, Alexandria City, and Arlington County had about half or fewer traffic fatalities in 2022 than Prince George’s County. However, on the positive side, Prince George’s County was one of three counties in the local area that had fewer traffic fatalities in 2022 than they did in 2021, joining Washington DC and Alexandria City in that category.

Those numbers include all fatalities caused by car accidents. When looking at the data for pedestrians specifically, according to the Maryland Department of Transportation, Prince George’s County had 466 pedestrian crashes in 2021. Out of those 466, 346 resulted in injury, and 35 resulted in death.

From 2016 to 2021, Prince George’s County averaged 382 pedestrian injury crashes per year and 29 fatal pedestrian crashes per year. These are the highest pedestrian injury and death numbers in all of Maryland, with only Montgomery County and Baltimore coming close in the state.

Montgomery County has averaged 379 pedestrian injury crashes per year in the same five-year period, with an average of 13 pedestrian deaths from crashes. Baltimore has averaged 377 pedestrian injury crashes in that five-year period, with an average of 21 pedestrian deaths from crashes.

It is interesting to note that while the number of crashes resulting in injury to pedestrians between these three Maryland jurisdictions is similar, the number of crashes that have resulted in death to pedestrians has been significantly higher in Prince George’s County.

Like other local areas, Prince George’s County has attempted to implement policies to prevent traffic and pedestrian fatalities, both in the past and in the future.

In 2017, Prince George’s County adopted new urban design standards. Prince George’s County is part of a “Vision Zero” plan that aims t to eliminate all traffic fatalities by 2040. In 2017, Prince George’s County guidelines called for slower speeds, shorter crossing distances, and wider sidewalks, among other changes.

In 2023, Prince George’s County is considering Council Bill CB-069-2023, or “The Walkable Urban Streets Act,” in the Prince George’s County Council. The legislation will likely focus on reducing speed limits in pedestrian areas to reduce fatal accidents.

Things you can do as a pedestrian or a driver:


In addition to larger policy goals that aim to curb traffic fatalities, we can do things individually to lower the likelihood of a car hitting a pedestrian.

When walking outside, always be alert for vehicles in the surrounding area.

Remember that even if you see a vehicle approaching, the driver might not see you. So always be aware of the cars around you to avoid getting hit.

As a pedestrian, remember to walk on designated walkways and look both ways on the road multiple times to make sure you do not miss anything. Also, remember that traffic rules for pedestrians are in place for pedestrian safety. Therefore, following the law to prevent unnecessary risk and accidents is necessary.

As a driver, it is also crucial to obey all traffic laws, including yielding to pedestrians.

When driving in a city, pay close attention when making turns at an intersection.

Turn off and put away any distractions, like a cell phone, and always keep your eyes on the road.

Find an auto accident attorney in DC

The Cochran Firm’s Personal Injury attorneys have extensive experience assisting clients who have been injured in automobile accidents as pedestrians. If you have been a victim in a motor vehicle accident, you may be suffering from serious injuries, time off work, medical expenses, as well as emotional trauma.

We can help you recover the damages and receive the compensation you are due.

Virginia Deputy Shoots Unarmed Black Man 10 Times

Isaiah Brown, a 32-year-old Black man from Virginia, is fighting for his life after being shot 10 times by the same law enforcement officer who had helped Brown get home earlier the same day. Upon returning home, Brown had an altercation with his brother and called 911 for help.

Brown’s brother allegedly had a gun and would not let Isaiah into a room to retrieve his car keys and other personal effects. Dispatch labeled the call a domestic disturbance, and the same officer who had just given Brown a ride home returned to the house to investigate.

Brown was on the phone with dispatch when the officer arrived. He was holding a cordless home phone, which the Deputy misconstrued as a gun.

Body camera footage and 911 audio were released on Friday. In the recordings, Brown repeatedly tells dispatch he is unarmed. Minutes later, the officer can be heard screaming at Brown to “drop the gun” before saying, “He’s got the gun to his head” and “Stop walking towards me.”

David Haynes of The Cochran Firm in Washington DC. is representing Brown’s case amid a flurry of national news coverage.

“It is evident that the tragic shooting of Isaiah Brown was completely avoidable,” said Haynes.

“The deputy in question made multiple basic policing errors and violated established protocols. The deputy was situated nearly 50 feet from Isaiah, was never threatened, and should not have discharged his weapon,” Haynes concluded.

For important information and timely updates about this case, ‘like’ and follow The Cochran Firm on Facebook.

Additional Resources

Off-Duty Pentagon Police Officer Shoots Two Black Men in the Back

David Hall Dixon lives in Maryland but works as a Pentagon Force Protection Agency Officer in Virginia.

Early in the morning, on April 7, Dixon was on his way to work when a slow-moving vehicle circled Dixon’s condo parking lot without its headlights on. Dixon says he observed one occupant of the vehicle break into a parked car.

Dixon told investigators that the driver tried to run him over when he attempted to confront the men in the vehicle. Once the car had passed Dixon, he opened fire on the retreating vehicle, shooting two of the occupants in the back. One of these victims was a man named James Lionel Johnson, 38, of District Heights. Johnson and the other victim died at the hospital a short time later.

According to Johnson's family lawyer, David E. Haynes of The Cochran Firm in Washington DC, James was the father of three young children and he and the other man who was killed, Dominique Williams, were best friends.

"Neither of them presented any threat of physical violence or physical harm to Pentagon police officer David Hill Dixon," said Haynes. "This is a tragic, senseless act."

On Friday, Dixon was charged two counts of second-degree murder in connection to the case.

“Regardless of whether or not there was an alleged property crime that may or may not have been ongoing previously, that in no way justifies the use of deadly force in any way,” concluded Haynes.

For important information and timely updates about this case, ‘like’ and follow The Cochran Firm on Facebook.

Additional Resources

If You Are Being Arrested Remember...

Know Your Rights When Being Arrested diverse group of people holding up signs that say Black Lives Matter

If you are being arrested remember:

 

#blacklivesmatter

Filing a Business Interruption Claim

Aside from the health concerns of the COVID-19 pandemic, businesses across most industries have been heavily impacted by the virus and related government action.

Commercial property insurance policies frequently provide coverage for losses stemming from COVID-19. While the insurance industry has been outspoken about the fact that their policies have virus exclusions, or otherwise do not apply, there are a number of reasons why businesses in the District of Columbia, Virginia, and Maryland should not accept these arguments at face value.

If you have commercial property insurance coverage for business losses or business interruption, you should consider filing a claim.

Industry Background - What does commercial business insurance generally cover?

In 1971, the Insurance Services Office (ISO) was formed as an advisory and rating organization for the property/casualty insurance industry to assist insurance companies in meeting state regulatory requirements, and creating common approaches for underwriting risk through the use of standardized ISO forms. While some very large businesses may obtain specialized policies, smaller businesses typically rely on standard ISO forms which cover an insured for “an actual loss of business income” whenever an interruption of the insured’s commercial operations result from the “direct physical loss of or damage to property at the premises.”

Traditional commercial insurance packages include business interruption coverage. Benefits usually include coverage for first-party lost income, associated extra expense, slowdowns, or other “contingent business interruption” losses experienced by customers or suppliers. One of the common questions facing businesses in the wake of COVID-19 is whether they can utilize the benefits of such a policy to help support their business during government closures and other commercial slowdowns. The answer is frequently yes.

What types of policies might be implicated?

Many commercial property insurance policies cover business losses, and typically include one or more of the following:

For more specific information on these policies and their common exclusions, consult our article on the legal landscape surrounding business interruption claims.

My insurance company has said that they would deny all claims - Should I still file?

A common question we see, particularly when a company has exclusions in their policy, is whether they should make a claim in the first place. Typically, the answer is yes, and for multiple reasons. First, the insurance industry has taken a hard, but legally questionable position, to deny nearly all claims made due to Covid-19. For more information on the legal framework surrounding these claims, see our coverage here.

Second, the claims process can be time-consuming, and this is anticipated to persist due to how widespread the impact has been on business.

Finally, although we are already seeing the insurance industry raise lobby efforts to prevent them, there is a strong push for legislation that would have the industry cover business interruption claims. If a company fails to file their claim in a timely manner, it is quite possible they will not be able to take advantage of the coverage they are paying for. Moreover, due to the financial realities facing nearly all businesses in the United States, the insurance industry understands that losses are occurring and is expecting large numbers of claims.

How do I file a claim?

Filing a claim is complicated, and timing is essential. Certain steps you can take that will make a successful outcome more likely.

  1. Read the complete policy carefully

Frequently, businesses will keep a cliff notes version of their policies on hand. You will want read through, in detail, your complete policy, determine what kinds of coverage you might have, whether any exclusions apply and whether the location and context of that exclusion will affect your claim.

Differences in policy coverage and exclusions will shape how you go about filing a claim.

  1. Develop your business loss claim

After you review the scope of your coverage, it is critical to review and quantify the loss. Past performance and continuing expenses are typically critical issues. You will want to take detailed, date-stamped notes on how the coronavirus is impacting your business as soon as possible, as this will help make your claim more persuasive and allow you to point to them when going through your losses with an appraiser.

In addition, you will want to begin to get together standard business documentation required for filing your claim. For a guide on how business losses are calculated, and what types of documentation you will need, you can consult our article here.

Most, if not all policies, will require a showing of “physical loss” to your business to qualify for business interruption coverage. Standard ISO policies often define loss as:

 

For more information on why COVID-19 qualifies as a physical loss, see our coverage on the legal landscape surrounding Business Interruption claims.

  1. Provide Notice

Timing is essential – Many policies contain trigger language that will require insureds to notify their insurer of losses that might trigger coverage immediately. Do not wait to file your claim to provide notice to your agent or broker, as you want to put your insurance company on notice of your losses as soon as possible.

Standard ISO policies often include the following or similar language:

 

  1. Mitigate your losses

Many policies contain conditions that require a business to mitigate their losses, either to trigger coverage or to offset what they will receive.

You must take reasonable steps to mitigate damage to your business. Often, this includes making every effort, where possible, to stay open. Offering deliveries, takeout, or curb side service are frequent examples of how a business can mitigate their losses in order to secure the highest possible recovery.

  1. When filing, the language you choose is essential

The most common mistake businesses make when filing claims on their own is to draft one that can be narrowly construed by the insurer reviewing the claim. A quick denial on these grounds can have broad repercussions for a business that wants to challenge such a denial. Either they will need to go to the back of the line to re-file claim more broadly, or they will initiate a legal challenge that is limited only to the specific grounds for the denial, greatly weakening the potential claim.

  1. Get Help!

The claims process can be time-consuming and the sooner a business files a claim, the sooner they may receive the insurance proceeds. In addition to acting quickly, the best way to hasten the process is to file a claim that is persuasive and well-documented. Some policies include coverage for “professional fees” and “claims preparation costs,” which make the decision to hire an expert to assist with your claim an easy one. The Cochran Firm has years of experience securing coverage from insurance companies. If you would like to read more on the legal landscape in the District of Columbia, Maryland, and Virginia, see our coverage here.

To get help filing your claim, contact our expert attorneys at The Cochran Firm, who can lead you step by step through the process.

 

Calculating Business Losses

Businesses throughout the country are dealing with the impact of the coronavirus, and business interruption coverage can help mitigate the damage to your business. In filing a claim, it is essential to document your business loss claim correctly.

  1. Calculating Business Losses

Once the scope of coverage has been determined, businesses must prepare comprehensive “proof of loss” based on their policy coverage. In defining “business income,” the standard ISO form states in pertinent part, that:

The amount of time for which lost profits are covered depends on the “period of restoration” specified in the policy. Even where a business has re-opened, the period of restoration can cover them if the interruption caused them to only operate at, for instance, 60% of their typical or projected output. As such, determining the projected performance is a critical issue in ensuring you get the most out of your claim.

Past Performance

Carriers and courts are looking to see what the company’s revenues would have been absent the interruption. While demonstrating past performance may seem straightforward, but calculating the “likely net income” had there been no interruption can be anything but.

The policyholder may be asked to project income, estimate earnings, and justify soft costs for payroll of employees.  Calculating these losses during a widespread pandemic, such as the one facing most businesses due to COVID-19, further complicates the analysis. Even where claims are not denied, one of the most common places where carriers will challenge an insured is on projected revenues based on past performance.

There are many methods for projecting a company’s profits, and our experts at or through The Cochran Firm can help find the best one for you. Insureds may want to start by looking at the business income and loss documents that were part of their policy application. Beyond that, many businesses rely on budgets, forecasts, run rates or pre-loss averages, alone or in conjunction with other methods to demonstrate a compelling claim. The ability to point to industry trends, market changes, or company-specific developments that support likely net income of the business will be a foundational part of your claim.

Continuing Expenses

Policies typically cover ongoing business costs. It is therefore essential for companies seeking to file a claim to carefully separate out which costs are continuing from those that are not. Moreover, having a firm handle on this will greatly aid in calculating loss.

  1. What Documents will I need?

This list is not exhaustive, and your particular needs may very. However, the following are commonly found in successful claims

 

Black Lives Matter

“We've got to be judged by how we do in times of crisis.”

Johnnie L. Cochran, Jr.

 

The Cochran Firm DC respects, honors, and acknowledges that Black lives matter. Equality is our mandate. We proudly stand in solidarity with the voices now demanding meaningful changes to undo systemic and institutional racism and seeking to make a positive change in the lives of people whose rights have been denied. In so doing, we work to honor Johnnie L. Cochran's legacy -- he fought for justice because he loved humanity. He challenged the wrongs that hurt African American communities. His rallying cry was, "Injustice anywhere is a threat to justice everywhere," unforgettable words from Dr. Martin Luther King Jr.'s Letter from a Birmingham Jail.

As legal community members, we are committed to being the voices of the voiceless and taking action to fight injustice, inequality, and discrimination. Police misconduct, brutality, and abuse of power cannot be tolerated. Inequality in health care, housing, environmental protection, and employment cannot be tolerated. We are here to speak the truth, to listen with open hearts and minds, and to take action. Further in his Letter, Dr. King implores action, stating, "…injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured."

It is our sincere hope that the pain we are feeling now will lead, through committed action and persistence, to healing and true change. For now, we must embrace this pain as a catalyst for change and a reminder of the lives that injustice and racism have cost us.

For those looking for ways to take action and find resources for engagement and education, we offer the following suggestions and welcome your recommendations:

Your Black Colleagues May Look Like They’re Okay—Chances are They’re Not

www.justice.org/news/aaj-launches-voter-protection-action-campaign-protect-right-vote

www.justice.org/membership/sections

minnesotafreedomfund.org/

www.page-ed.org/

bailproject.org/

MartinisJackson@JLegalServices.com

info@law4blacklivesdc.com

https://electionprotection.wetheaction.org/

Johnson & Johnson Began Targeting African Americans After Mounting Evidence Showed That it was Linked to Cancer

The pressure on Johnson & Johnson to stop selling its talc-based flagship baby powder was mounting long before the announcement on Tuesday that they would stop selling it in the United States and Canada.

Decades of studies linking talc to ovarian cancer resulted in the World Health Organization finally classifying cosmetic talc as “possibly carcinogenic” in 2006, after having classified talc containing asbestiform fibres in its highest-risk classification nearly twenty years prior. Investigative reporting by Reuters revealed that Johnson & Johnson ignored such warning labels on shipments from talc suppliers. Facing stagnating sales, the company began a concerted effort to increase consumption by aggressively targeting African American women and other minorities.

In 2006, nearly 60% of African Americans used baby powder. An internal marketing proposal, uncovered by Reuters, stated that because the powder was still considered “a relevant product among AA [African American] consumers,” it was the “right place” to focus, suggesting emphasis be placed in “underdeveloped geographical areas with hot weather, and [a] higher AA population,” and later presentation material specifically targeted southern states.

Over the following years, J&J turned this plan into action by making a focused effort to distribute samples of baby powder to African American and Hispanic neighborhoods through beauty salons and churches. They launched promotions through weight-loss companies like Weight-Watchers aimed at teenage girls in minority communities.

As we have covered in greater depth, J&J was aware of the dangers posed by its talc-based products for decades and had made a concerted effort to fight studies that demonstrated links to ovarian and other cancers. As recently as 2019, J&J issued statements indicating that the product was safe and asbestos-free. Thousands of women across the country have challenged these assertions in court with several high-level verdicts in Ohio, California and elsewhere.

If you believe you or a loved one contracted ovarian cancer after using talc-based baby powder, you could have a claim. Our experienced attorneys at The Cochran Firm have fought for minority rights in exactly these cases achieving numerous high-level verdicts.

Nursing Homes and COVID-19 FAQ

Why is COVID-19 more susceptible to spread in nursing homes?

Nursing homes and assisted living facilities carry a high risk of acquiring and succumbing to the coronavirus. This deadly disease spreads through droplets that are sent into their air, usually by a cough or sneeze. Because nursing homes care for residents who live in close quarters, this allows the virus to spread quickly. The disease can easily spread between patients, healthcare workers and visitors in a nursing home environment.

As of April 8th, more than 81 of Maryland's 200+ nursing homes have reported coronavirus cases. Pleasant View nursing home, in Carroll County Maryland, has confirmed 17 deaths and 98 positive cases. This accounts for a majority of deaths, as well as almost 50% of all positive cases in Carroll County.

In Henrico, Virginia the Canterbury Rehabilitation & Healthcare Center has had 84 confirmed positive cases and 39 deaths so far.

How are access and visitation to nursing homes affected by COVID-19?

 

Some nursing homes may restrict family and friends from visiting loved ones during the pandemic, especially those in areas where COVID-19 is widespread.  However, for those nursing homes who allow visitors, these facilities must actively screen for and restrict access to anyone who has shown symptoms of a respiratory infection, such as fever, cough, or sore throat, or come into contact with someone diagnosed with COVID-19. Screening could include temperature checks with thermometers at the door and checking for the other respiratory symptoms. Visitors who pass the screening and are allowed to enter should be given access to their resident’s room only and are barred from congregating in hallways and communal areas. The facility should also be carefully documenting and logging all visitor information at the facility.  In order to take further precautions, nursing homes should encourage visitors to wear face-covering when visiting their loved ones or other people in the facility and strongly encouraging visitors from engaging in physical contact such as hugging or handshaking during the visit. These guidelines apply not only to people visiting residents, but also contractors, mail carriers, delivery people, repairpersons, and other people who have official business in the facility.

What should I do if I am concerned my loved one could be exposed?

 

People who are concerned about their loved ones’ safety during this pandemic can take several proactive steps to ease their anxiety. First, reach out to the director of nursing at the facility where your loved one is staying and ask about the procedures in place that will protect residents and staff. Since COVID-19 has affected all of our lives at this point, all facilities should have a written policy and action plan available for distribution upon your request. If your loved one’s facility does not, request that they create an action plan as soon as possible, and follow up until they do. Facilities should already be following longstanding CDC guidelines for infection prevention.

Secondly, COVID-19’s heightened risk to the vulnerable elderly population makeup of nursing homes still does not eliminate the fact that some residents face additional risk factors that require modifications to their care plan. If your loved one is either pre-existing immune-compromised, has respiratory issues, a condition that requires a high level of face-to-face contact with health professionals, or an out-of-facility care routine that requires travel (such as for dialysis), ask the care team to provide a written plan that accounts for these special needs.

What should the nursing home be doing to prevent the spread of COVID-19?

 

The CDC has issued guidance with strict procedures for preventing the spread of COVID-19. First, nursing home staff should wear personal protective equipment, restrict visitors from coming into contact with infected patients, train staff to practice proper hand hygiene and frequent hand washing, and prevent potentially infected or infected staff members from coming into contact with nursing home patients. Other things a nursing home can do is make sure there is an abundance of hand sanitizer for guests available at all times, have an adequate supply of COVID-19 testing kits available, have rules in place that allow for staff to wipe down surfaces regularly with disinfecting wipes or bleach. Although materials are hard to come by, nursing homes should also make efforts to have supplies of personal protective equipment such as medical masks, gloves, gowns, and protective eyewear. Finally, if a nursing home identifies a resident who is exhibiting respiratory symptoms frequently associated with COVID-19, such as cough and fever, the facility should place that resident in isolation.

If proper protocols are not followed, the safety and health of our elderly loved ones are put at risk. Pleasant View nursing home in Carroll County, Maryland and the Canterbury Rehabilitation & Healthcare Center in Henrico, Virginia are examples of how rapidly this virus can spread and just how dangerous it can be to the elderly. Do not be afraid to ask questions, it may keep your loved ones safe! If you have any questions or need more information please call,  The Cochran Firm today at 1-800-THE-FIRM. We are here for your family and our community. Together we will get through this.