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DevaCurl $5.2 Million Hair Products Injury Deal Gets Final Nod

Jan. 4, 2022, 3:26 PM

Deva Concepts LLC and customers who alleged the company’s DevaCurl hair products caused a host of problems including thinning hair and scalp irritation secured final approval of a $5.2 million class settlement from a federal court in New York.

Consumers alleged the company, which does business as DevaCurl, deceptively touted a variety of expensive shampoos, conditioners, and other products advertised as specifically formulated to keep curly hair clean without stripping it of natural oils.

The settlement was approved Monday by Judge Gregory H. Woods of the U.S. District Court for the Southern District of New York. It covers persons who bought or used the products in the U.S. after Feb. 8, 2008.

The court also approved the attorneys’ fee request of $1.73 million, or 33.33% of the fund. And it allowed service awards of $600 for each class representative.

The claims period ran through Nov. 21, 2021. More than 54,000 submissions were filed, an estimated 8.2% claims rate, the plaintiffs said in a motion seeking final approval.

That high a rate is unheard of in consumer class actions, which often draw responses from just 1%-3% of class members, they said.

The settlement allowed claimants to make an undocumented claim for up to $20 for minor adverse reactions, or a claim supported by medical documentation for up to $19,000 for more significant reactions such as baldness or severe scalp irritation.

None of the money will revert to DevaCurl.

The average “Tier 1" claim, for claimants with minor irritation, was estimated at $14.40 and likely to increase; the average Tier 2 claim, for those alleging the products caused more serious harm, was $5,500, the plaintiffs said.

DevaCurl also agreed to label changes, including a QR code that will direct consumers to a targeted landing page with educational and product information.

Mason Lietz & Klinger LLP and Levin Sedran & Berman LLP represent the plaintiffs. Greenberg Traurig LLP represents DevaCurl.

The case is In re Deva Concepts Prod. Liab. Litig., S.D.N.Y., No. 1:20-cv-01234, 1/3/22.

To contact the reporter on this story: Julie Steinberg in Washington at jsteinberg@bloomberglaw.com

To contact the editors responsible for this story: Rob Tricchinelli at rtricchinelli@bloomberglaw.com; Patrick L. Gregory at pgregory@bloomberglaw.com