If you purchased and/or used WEN® Hair Care Products, you could get a payment from a class action settlement.
The Settlement will provide a total of $26,250,000 to fully settle and release claims of all persons who purchased and/or used WEN® Hair Care Products (“WEN®”) in the United States and its territories, excluding any person who purchased WEN® for resale and any person who previously signed a release of claims relating to WEN Hair Care Products, among others.
The Settlement resolves a lawsuit brought against Guthy-Renker, LLC and WEN by Chaz Dean, Inc., (together “Defendants”). The lawsuit alleges that Defendants designed, manufactured and sold WEN® which allegedly caused certain users to suffer personal injury including hair loss, hair damage or scalp irritation. Plaintiffs also asserted that statements made in connection with the marketing of WEN® were untrue and misleading. Defendants vigorously deny these allegations and contend that there is no link between hair loss and WEN®.
Liability is disputed in this matter, and WEN® has not been proven to cause hair loss to consumers, nor has it been legally determined that any advertising of the Products was false or misleading. The makers of WEN® stand behind the quality, safety, and formulation of the Products, all of which meet or exceed all safety and quality standards set by the cosmetics industry. However, to avoid the cost of a trial, and potential risks for both sides, the Parties have reached a Class Action Settlement, which was preliminarily approved by the United States District Court for the Central District of California on October 28, 2016.
Who’s Eligible
Class Members of the WEN hair care settlement include consumers who purchased for personal or home use at least one of the following WEN products between Nov. 1, 2007 and Sept. 19, 2016:
• Cleansing Conditioner
• Re-Moist Mask
• Treatment Mist Duo
• Treatment Oil
• SIXTHIRTEEN Ultra Nourishing Cleansing Treatment
• Re-Moist Intenstive Hair Treatment
• Styling Crème
• Anti-Frizz Styling Crème
• Nourishing Mousse
• Volumizing Treatment Spray
• Replenishing Treatment Mist
• Defining Paste
• Straightening Smoothing Gloss
• Smoothing Glossing Serum
• Glossing Shine Serum
• Finishing Treatment Crème
• Volumizing Root Lift
• Texturizing Spray
• Detangling Treatment Spray
• Men Control Texture
• Men Hair and Body Oil
• Bath Body and Hair Oil
• Texture Balm
Potential Award
Up to $20,000.
Tier 1: Class Members can file a claim for a one-time payment of $25 for claims of personal injury after using WEN or alleged false statements regarding WEN.
Tier 2: Class Members with Documented Adverse Reaction Claims for personal injuries such as hair loss, hair damage, scalp irritation and emotional distress may submit a claim for up to $20,000.
NOTE: Payments may be reduced on a pro rata basis depending on the total number of valid claims filed.
Proof of Purchase
Class Members who submit a Tier 2 claim must provide evidence supporting their damage to hair and/or scalp; duration of physical injury; emotional damage; out-of-pocket expenses and/or medical history. The following forms of evidence will be accepted by the Settlement Administrator in support of a Tier 2 claim:
• Before and after photographs showing damage to your hair and/or scalp
• Video testimony by the Class Member describing the claimed injury
• Medical records, doctors’ notes, test results and/or a statement from a licensed medical professional about the hair loss or scalp damage
• Written or video statement from the Class Member’s hair stylist about the amount of hair loss suffered
• Written or video statements from other witnesses who can testify about the damage to the Class Member’s hair and/or scalp and the effect it had on the Class Member.
- Proof of purchase is not required to submit a Tier 1 claim. However, Class Members must declare under the penalty of perjury that all the information provided in the Claim Form is true and correct.
Claim Form Deadline
4/28/2017
Case Name
Friedman, et al. v. Guthy-Renker, et al., Case No. 2:14-cv-06009-ODW, in the U.S. District Court for the Central District of California
Final Hearing
6/5/2017
Settlement Website
Claims Administrator
WEN Settlement Administrator
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
1-888-247-5266
[email protected]
Class Counsel
Janet Varnell
Brian Warwick
VARNELL & WARWICK PA
William Anderson
CUNEO GILBERT & LADUCA LLP
Neville Johnson
JOHNSON & JOHNSON
Defense Counsel
Counsel for Guthy-Renker LLC:
Dina M. Cox
Janelle P. Kilies
LEWIS WAGNER LLP
Counsel for WEN by Chaz Dean Inc.:
Barry R. Schirm
Michael B. Giaquinto
HAWKINS PARNELL THACKSTON & YOUNG LLP
