Championing Due Process: Bar Date Extension for Revlon Hair Relaxer Creditors

The Bankruptcy team at Andrews Myers served as bankruptcy counsel for a group of consumer creditors with potential claims arising from the use of Revlon-branded hair relaxer products.

Revlon filed for chapter 11 in the Southern District of New York. Shortly before the claims bar date, the National Institute of Health issued a study linking frequent use of hair relaxers to an increased risk of uterine cancer. Many individuals who used these products potentially held claims, but most had not received meaningful notice of the bankruptcy or the deadline to file. Revlon had published bar date notice in certain publications, yet those outlets were not targeted to the communities most likely to have used these products. Compounding the issue, many relevant products were sold under brand names other than “Revlon,” and Revlon’s notice did not include the specific product names—further reducing the likelihood that affected consumers would recognize the need to file a claim.
Our team demonstrated that Revlon knew which publications reached the hair relaxer consumer base—because it used those channels to market the products—yet did not use those same outlets to provide bankruptcy notice. We showed that the notice program, as designed, was unlikely to reach these claimants and that due process required a remedy. We also emphasized the confusion created by product branding that did not prominently use the “Revlon” name.
Ultimately, the bankruptcy court extended the claims bar date for our clients and similarly situated claimants to file a proof of claim. The court also required Revlon to implement a targeted notice program in publications more likely to reach hair relaxer users and to include the specific product names. In addition, our team secured recovery of a substantial portion of our attorneys’ fees from the bankruptcy estate.

Why It Matters

By expanding access to the claims process and ensuring notice in consumer-relevant channels, we protected the rights of injured individuals who otherwise would have been excluded. The ruling also reinforces the importance of targeted notice in mass tort bankruptcies where product branding and audience demographics play a critical role.