In a recent ruling by the Court of Appeals of Georgia, L’Oréal USA, Inc., and Strength of Nature Global, LLC faced legal challenges in their appeal against a trial court’s decision to deny their motions to dismiss claims filed by Kiara Burroughs. Burroughs alleged that chemical hair relaxers manufactured by these companies caused her health issues, including uterine fibroids. The court examined whether Georgia’s ten-year statute of repose for product liability actions barred Burroughs’s claims and whether her fraud allegations were preempted by federal law.
The appellate court affirmed parts of the lower court’s decision while reversing others. It agreed with the appellants that the statute of repose began at the first sale of the products in question, thus barring some strict liability claims. However, it upheld Burroughs’s negligence claims under exceptions in the statute related to diseases or birth defects caused by manufacturing negligence. Additionally, while some fraud claims were found not preempted by federal law due to their basis on affirmative misrepresentations rather than labeling omissions, L’Oréal was granted a motion for a more definite statement due to insufficient specificity in Burroughs’s fraud allegations.
The case has been remanded for further proceedings consistent with these findings.
Source: A24A0314_STRENGTH_OF_NATURE_GLOBAL_LLC_v_KIARA_BURROUGHS_Opinion.pdf
