Suave Keratin Infusion Class Action Settlement Wins Final Approval

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On Wednesday, an Illinois federal judge granted final approval to the $10.2 million Suave Keratin class action settlement, which alleged that Unilever PLC’s hair products caused consumers to experience hair loss and/or scalp injury.

U.S. District Judge Ruben Castillo approved the Unilever class action settlement after the final fairness hearing, overruling objections from Class Members who argued the payout was too small for those who were seriously injured by the Suave Keratin product. The judge said that Class Members were free to opt out of the Suave Keratin settlement and file individual personal injury lawsuits in court.

The Suave Keratin class action lawsuit was initially filed in August 2012 by consumers who purchased or used the Suave Professionals Keratin Infusion 30-Day Smoothing Kit, which was recalled in May 2012. The plaintiffs alleged Unilever made false statements about the safety of the Smoothing Kit and failed to inform consumers that the hair product posed an unreasonable risk of hair and/or scalp injury.

Unilever denies the allegations but agreed to the Suave Keratin class action settlement, which was preliminarily approved on Feb. 12, 2014, to avoid the uncertainty and expense of ongoing litigation. The Unilever settlement creates a Reimbursement Fund worth $250,000 and an Injury Fund worth $10 million. The Injury Fund will compensate Class Members who were injured by the Suave Keratin product for medical expenses and emotional distress associated with their Smoothing Kit injuries.

Class Members of the Suave Keratin class action settlement include all persons who purchased the Suave Professionals Keratin Infusion 30-Day Smoothing Kit in the United States for personal or home use before Feb. 17, 2014. Class Members who did not suffer an injury from the Smoothing Kit are eligible for a reimbursement of up to $10. Class Members who suffered Smoothing Kit injuries may submit a claim for reimbursement ranging from $40 to $25,000, depending on the extent of their injuries and if they provide proof of their treatment expenses.

Although Judge Castillo granted final approval to the Suave Keratin class action settlement, there still may be appeals. Reimbursement payments will only be made after all appeals are resolved without reversal or modification of the Unilever settlement.

There is still time to file a claim for the Suave Keratin class action settlement. The Claim Form deadline is Sept. 25, 2014.

For detailed claim filing instructions, click here or visit www.Suave30DaySmoothingKitLawsuit.com.

The plaintiffs are represented by Marvin A. Miller, Lori A. Fanning and Andrew Szot of Miller Law LLC; Peter Safirstein, Christopher S. Polaszek and Elizabeth S. Metcalf of Morgan & Morgan PC; and Jana Eisinger of the Law Office of Jana Eisinger PLLC.

The Suave Keratin Smoothing Kit Class Action Settlement is Sidney Reid, et al. v. Unilever United States Inc., et al., Case No. 1:12-cv-06058, in the U.S. District Court for the Northern District of Illinois.

UPDATE: Two appeals were filed following final approval of the class action settlement, which has delayed the payment of claims. Viewers are reporting to us that the Settlement Administrator has contacted them to inform them that a Special Master has been appointed to review claims that that payments cannot be made until this process is complete and all appeals are resolved. Some Class Members have received Authorization and Request for Information forms requesting additional information such as their Social Security number. According to the Settlement Administrator: “Both the claims evaluation and the resolution of the appeals will take some time, at least several months, and we cannot estimate when claim payments will be made at this time.” We will continue to provide updates as we hear them. Keep checking back.

UPDATE 2: On Mar. 25, 2016, the 7th U.S. Circuit Court of Appeals affirmed a $10.2 million class action settlement over allegations Unilever PLC’s Suave Keratin Infusion products caused consumers’ hair to fall out.

UPDATE 3: On Mar. 30, 2016, according to the settlement website, the settlement is expected to become final on June 23, 2016 and checks will be mailed out to Class Members in early July. 

UPDATE 4: On July 5, 2016, Top Class Actions readers who filed for Benefit Option A started receiving checks worth as much as $50! 

UPDATE 5: On July 12, 2016, Top Class Actions readers who filed for Benefit Option C started receiving checks worth as much as $10,060!