In re Deva Concepts Products Liability Litigation

DevaCurl Haircare Products Class Action Settlement

September 6, 2022 Update: Tier 1 and Tier 2 approved payments, excluding Tier 2 payments subject to lien resolution, are scheduled to be issued on September 14, 2022.

A Settlement has been reached in a lawsuit against Deva Concepts, LLC (“Defendant”). The Lawsuit alleges that Defendant designed, manufactured and sold DevaCurl haircare products that 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 DevaCurl were untrue and misleading. Defendant vigorously denies these allegations and contends that there is no link between hair loss, hair damage or scalp irritation and DevaCurl, and that Defendant did not make any untrue or misleading statements. Liability is disputed in this matter, and DevaCurl has not been proven to cause any damage to users or consumers, nor has it been determined that any advertising of the Products was false or misleading. The makers of DevaCurl stand behind the quality, safety, and formulation of the Products, all of which meet or exceed all applicable safety and quality standards set by the cosmetics industry and confirmed by its independent experts. 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 Southern District of New York on July 30, 2021.

WHO IS IN THE SETTLEMENT?

To be eligible to submit a claim for a payment from the Settlement, between February 8, 2008 and August 29, 2021, you must have purchased, used, or had used on you at least one DevaCurl cleanser, conditioner, styling or treatment product, including the following: Arc AnGEL, Beautiful Mess, B’Leave In, Buildup Buster, The Curl Maker, Deep Sea Repair, DevaFresh, DevaCare Low-Poo, DevaCare No-Poo, DevaCare One Condition, DevaCare Arc AnGEL, DevaCare Detangling Spray, Flexible Hold Hair Spray, Frizz-Free Volumizing Foam, Heaven in Hair, High Shine, Leave-in Decadence, Light Defining Gel, Low- Poo Delight, Low-Poo Original, Melt Into Moisture, MirrorCurls, Mist-er Right, No Comb Detangling Spray, No- Poo Original, No-Poo Blue, No- Poo Decadence, No-Poo Quick Cleanser Spray, One Condition Decadence, One Condition Delight, One Condition Original, Set It Free, Set Up and Above, Shine Spray, Spray Gel, Styling Cream, Super Cream, Super Mousse, Super Stretch, Ultra Defining Gel, Wash Day Wonder, and Wave Maker (“DevaCurl” or the “Products”)

• Your legal rights are affected whether you act or not. Read this website carefully.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

Get no payment. Give up your rights to assert an action against Defendant involving DevaCurl.

SUBMIT A CLAIM FORM

The only way to get payment.

Your Claim Form must be submitted electronically at www.curlyhairsettlement.com no later than 11:59 p.m. Pacific Time on November 21, 2021 or by mail postmarked no later than November 21, 2021.

EXCLUDE YOURSELF

Get no payment. This is the only option that allows you to be part of another lawsuit against the Defendant involving DevaCurl.

You must mail your exclusion request postmarked no later than October 22, 2021, to the Settlement Administrator at DevaCurl Products Settlement Administrator, P.O. Box 43501, Providence, RI 02940-3501.

OBJECT TO THE SETTLEMENT

Write to the Court presenting your grounds for objection to the Settlement.

If you are not represented by your own lawyer, you must mail your Written Notice of Objection to the Settlement Administrator at DevaCurl Products Settlement Administrator, P.O. Box 43501, Providence, RI 02940-3501, postmarked no later than October 22, 2021.

If you are represented by your own lawyer (i.e., not Class Counsel), then your lawyer must file an appearance and your Written Notice of Objection with the Clerk of the Court in which the Lawsuit, In Re: Deva Concepts Products Liability Litigation, No: 1:20-cv-01234-GHW, is pending by October 22, 2021, and must also mail these materials to the Settlement Administrator at DevaCurl Products Settlement Administrator, P.O. Box 43501, Providence, RI 02940-3501, postmarked no later than October 22, 2021.

• These rights and options—and the deadlines to exercise them—are explained on this website. The deadlines may be moved, cancelled or otherwise modified. Consult this website regularly for updates and further details, or contact the Settlement Administrator at 1-855-786-0996.

• The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made only after the Settlement is approved by the Court and after any appeals are resolved. For Claimants with medical bills for their alleged injuries, payments cannot be made until all liens are resolved. Please be patient.