“Multi-State Pressure Outpaces FDA in Hair Relaxer Formaldehyde Fight,” Daily Journal

In an article for the Daily Journal, Partner Alex Smith discussed the complex litigation efforts between the FDA and states regarding the use of a formaldehyde-based hair relaxer.

“In light of President Trump's recent executive order prohibiting executive branch agencies from issuing new rules until his appointees review them, it appears unlikely that the FDA will ban the use of formaldehyde in hair relaxers in the near future. And even if the FDA ultimately issues a proposed rule, it will likely take years to wade through the notice-and-comment process and finalize that rule,” Alex wrote.

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Regardless of the FDA’s proposed ban, Alex explains that manufacturers will still face pressure from two other sources to remove formaldehyde from personal care products.

“The hair relaxer litigation illustrates that states and private parties can often put pressure on industry to stop using that chemical--even if the FDA cannot or will not,” he wrote.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

“Multi-State Pressure Outpaces FDA in Hair Relaxer Formaldehyde Fight,” Daily Journal

In an article for the Daily Journal, Partner Alex Smith discussed the complex litigation efforts between the FDA and states regarding the use of a formaldehyde-based hair relaxer.

“In light of President Trump's recent executive order prohibiting executive branch agencies from issuing new rules until his appointees review them, it appears unlikely that the FDA will ban the use of formaldehyde in hair relaxers in the near future. And even if the FDA ultimately issues a proposed rule, it will likely take years to wade through the notice-and-comment process and finalize that rule,” Alex wrote.

Read More

Regardless of the FDA’s proposed ban, Alex explains that manufacturers will still face pressure from two other sources to remove formaldehyde from personal care products.

“The hair relaxer litigation illustrates that states and private parties can often put pressure on industry to stop using that chemical--even if the FDA cannot or will not,” he wrote.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Publications

Supreme Court Clarifies Scope of Private Rights of Action Under the Investment Company Act, Private Equity Law Report

Partners Charles Riely, Todd C. Toral, and Martin Glass authored a guest article for Private Equity Law Report examining the US Supreme Court's June 11, 2026, ruling on the scope of private rights of action under the Investment Company Act of 1940.

July 14, 2026

Publications

Emily Loeb Discusses Congressional Oversight Preparedness in Bloomberg Law

Partner Emily Loeb, co-chair of Jenner & Block's Congressional Investigations Practice, spoke with Bloomberg Law article about how companies can prepare for potential oversight exposure ahead of this fall's midterm elections.

July 7, 2026

Publications

In New York Law Journal, The True Lender Doctrine and the OppFi Decision

Partners Jeremy Creelan, Michael Ross, Megan Poetzel, and Laurel Loomis Rimon, and Associate Molly Oberstein-Allen authored an article for the New York Law Journal examining the "True Lender" doctrine in light of a May 2026 California decision that provides the most detailed judicial framework to date for evaluating bank-nonbank lending partnerships.

July 1, 2026

Event

Partner Michael Vernick to Speak at NACUA's 2026 Annual Conference

On July 1, Partner Michael Vernick will speak on a panel at the National Association of College and University Attorneys (NACUA) 2026 Annual Conference in Nashville.

July 1, 2026