“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

Event

Associate Steven Arango to Speak at the Veterans' Legal Career Fair

On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.

September 18, 2026

Publications

In American Banker, Partner Laurel Loomis Rimon Weighs in on OCC's Handling of Fintech Bank Charter Applications

Partner Laurel Loomis Rimon spoke with American Banker about how the Office of the Comptroller of the Currency is approaching bank charter applications from fintechs, amid a growing wave of companies seeking charters from federal regulators.

August 18, 2026

Event

Partner David Greenwald to Speak at PLI Program on Privilege and AI

On August 17, David Greenwald will speak at "Fitting New “Tech” Into the Attorney-Client Privilege and Work Product Protection," a virtual program hosted by the Practising Law Institute (PLI).

August 17, 2026