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October 2006


Woman files suit over hair loss


A Columbus woman filed a $12 million civil suit against Procter & Gamble on Monday alleging a hair dye made her permanently lose all her hair.

Attorney David Ross filed the suit on behalf of Mary Alice Mack, who applied a Clairol "Nice 'n Easy" natural black hair dye around Dec. 28.

What followed, the suit claims, were chemical burns to Mack's scalp, her hair falling out in large clumps and hair loss that has continued after 10 months.

"People expect the products they buy to be safe, and they should be entitled to that assumption," said Ross, a Columbus attorney with Berry, Shelnutt, Day & Hoffman. "I look forward to presenting this case to a jury."

A Procter & Gamble representative referred questions to another department, which couldn't be reached for comment Monday.

Ross and Mack already have had preliminary discussions with Procter & Gamble, though talks broke down about two weeks ago. "They were insulting in the way they treated her," Ross said. "They offered her an $8 refund and wig, and their apologies."

Mack is seeking $12 million in compensatory damages and an unspecified amount in punitive damages.

Mack approached Ross' office earlier this year. The law firm contacted Procter & Gamble by letter about the possibility of a claim. Once Ross' firm determined the extent of Mack's injuries, more formal negotiations began.

"They soured, based on how they treated her as a person," Ross said.

Ross said he has examined the possibility of another product involved that would have caused the hair loss. "In each and every case, Ms. Mack said, 'No, there were no other products,' " he said.

Ross said he knows of no condition Mack had that would have caused the reaction.

"Our perspective is they didn't put (a warning) on there, because they didn't want people to know," he said. "There is the potential for class action, but right now my focus is just on Ms. Mack."

Ross expects an attorney for Procter & Gamble to contact him within the next 40 days. Many civil cases settle before they reach a trial, but Ross isn't so sure about this one.

"I think it's safe to say that we're going to be fighting," he said. "At this point, we'd really rather talk to a jury."