Complaints filed in federal court allege the WEN Cleansing Conditioner hair-care line causes hair loss and point out that some consumers are sharing their troubling experiences on social media.

The most recent class-action complaint, filed in U.S. District Court for the Central District of California on March 17 for six women – Caryn Collazo et al vs. WEN by Chaz Dean Inc., Guthy-Renker LTD and Guthy-Renker Partners Inc. – alleges the products cause extreme and possibly permanent damage to hair, including hair loss, visible bald spots and severe breakage.

Santa Monica, Calif.-based Guthy-Renker stands by the products, promoted as “gentle enough to use every day.”

“We take great pride in the quality of WEN and take the appropriate steps to ensure every WEN product we sell meets our high standards,” Public Relations Manager Sarah Lasky Elison said in a March 23 email.

“We want all our customers to have positive experiences with our products and we encourage any customer with a question to contact us,” she added.

When several of the plaintiffs called WEN marketer Guthy-Renker following their hair loss, the company said their complaints were atypical, according to the firm representing the plaintiffs, Christiansen Davis LLC.

However, “it appears the companies had received prior, similar calls,” Christiansen Davis said in a March 18 release.

In blogs and other online platforms, consumers described similar situations of hair loss. In one review listed on forum.purseblog.com, a consumer reported “hair falling out in handfuls” after a few months of WEN use.

At community.qvc.com, commenter racerrn reported “losing massive amounts of hair in patches mostly at the crown of my head.” Photographs further depict the type of damage the products allegedly caused.

The suit alleges breach of express and implied warranty; violations of California’s Unfair Competition Statute and False Advertising Law; negligence; and strict liability. The plaintiffs seek an award of actual and consequential damages, punitive damages, attorneys’ fees and other relief.

In 2014, 26% of adverse events reported to FDA involved hair-care products Also see "Cosmetic Adverse Event Reports Spiked 56% In Fiscal 2014 – FDA" - HBW Insight, 12 March, 2015..

Binding Arbitration Claimed

A separate proposed class action suit filed in July 2014 in California federal court by Amy Friedman, et al against Guthy-Renker also alleges WEN Cleansing Conditioner causes hair loss. However, Guthy-Renker argued that both Friedman and another initial plaintiff, Krystal Henry-McArthur, agreed to binding arbitration and a class action waiver when purchasing WEN online.

The current “Terms of Use and Conditions of Purchase” box at checkout on WEN’s site states consumers are bound by a mandatory arbitration agreement, agreeing to submit any claim to binding individual arbitration rather than proceeding in court. The arbitration also includes a class action waiver, which means “that you agree to proceed with any claim individually and not as part of a class action,” it says.

To opt-out, a consumer must follow procedures listed in another document.

The court on Feb. 27 found Friedman is not bound by the arbitration waiver because the design of the WEN website at the time of her purchase “did not require the customer to affirmatively acknowledge the terms of use.” However, the site had changed when McArthur made her purchase and she was bound by the arbitration agreement because she agreed to a clearly placed certain terms and conditions clause, the court said.

The deadline to file class certification for Freidman’s suit is June 17.

Ingredient Safety Disputed

While promotions highlight WEN’s use of herbs and natural ingredients, the plaintiffs in Collazo et al vs. WEN argue one ingredient or combination of ingredients “acts as a depilatory or caustic agent” which “can cause significant hair loss, damage and other injuries upon proper application,” according to the complaint.

The potentially harmful ingredients were not identified in the complaint, but the plaintiffs argue Dean and Guthy-Renker “failed to warn of the risks, despite their knowledge shortly after introduction of the products to market that consumers were complaining that the products caused significant hair loss, burning of the scalp and other adverse effects, such as dryness and breaking of the hair.”

On its website, WEN lists as key ingredients glycerin for its moisturizing properties; chamomile extract for its calming properties; wild cherry bark to condition, rosemary extract to soothe; and panthenol for strength and resilience. The brand does not disclose a full ingredient list on its site, though a list is available through retailers such as Sephora.

According to CosmeticsInfo.org, none of the ingredients on the full list have depilatory properties, though some are identified as contact allergens in the European Union.

Guthy-Renker promotes Cleansing Conditioner as “what sets WEN apart,” according to the brand’s site. The conditioner is a single-step process that “cleanses and conditions the hair simultaneously,” the brand says, with “special ingredients, including natural botanicals and herbs, and do not contain sodium laurel sulfate or harsh chemicals.”

The product is one of many hitting the market recently in the anti-shampoo movement as consumers trend toward conditioner washing, or “co-washing,” in lieu of shampoo ([A#02140630008]).

WEN’s face of the brand is celebrity hairstylist Chaz Dean, who first introduced a prototype of the product to singer Alanis Morissette in 1999 as an alternative to ordinary shampoo, which can be harmful to hair, he says on the brand’s site.

The brand recommends thoroughly rinsing hair for 1-2 minutes before applying the Cleansing Conditioner, using enough product to cover hair and leaving the conditioner on for 3 to 5 minutes or longer. Consumers with medium-length hair are advised to use four to five pumps per section.

With WEN, “you want to use more of it, not less. You can never use too much! The more you use, the better the results,” according to the brand.

The five-in-one Cleansing Conditioner is designed to replace a shampoo, conditioner, deep conditioner, detangler and leave-in conditioner. The product comes in varieties including Coconut Mango, Cranberry, Fig, Lavender, Pomegranate, Sweet Mint Almond and Tea Tree. At Sephora, a 16-oz. WEN by Chaz Dean Sweet Almond Mint Cleansing Conditioner sells for $32.

In a brand-initiated three-week study of WEN Cleansing Conditioner users, 100% of respondents said their hair was more moisturized, 97% noticed WEN added more shine and 95% reported their hair became more manageable. The brand notes that those results are not typical.

Actress Brooke Shields signed on as a celebrity ambassador for the brand earlier in 2015. “I’ve been introduced to countless products throughout my career but WEN’s Cleansing Conditioner and Nourishing Mousse are my new must-haves,” Shields said in a Jan. 12 release, adding that the products “make me feel as if I can turn back the clock on my hair!”

Complaints Allege Guthy-Renker’s WEN Conditioner Line Causes Hair Loss

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