Did the Viral Haircare Brand Mielle “Sell Out?”
What Prop 65 actually means and why you should never (only) use a lawsuit as "proof."
There’s something called the illusory truth effect. Tell a lie often enough, and it becomes indistinguishable from reality. And with the internet? Where misinformation is heard more often than the correction? Well, the internet giveth and it can taketh. Mielle’s recent virality on TikTok is a good example of why you should not believe everything you see on the internet. Let’s start from the beginning of the internet drama.
Mielle 2022-2023
In 2022, TikTok product recommendation queen Alix Earle made the Mielle video heard ‘round the world. Despite it being a paid partnership, Earle’s 'Top 2022 Amazon Purchases' list garnered 600,000 likes and millions of views. Among the products featured in the video was the coveted Mielle Rosemary Mint Scalp & Hair Strengthening Oil. The reaction from existing loyal customers, particularly Black women, was swift.
Some of the comments:
It is well known that Black women and women of color are underserved in the beauty industry despite being some of its biggest drivers. Whether financially (Black women spend more on beauty and hair than any other group) or culturally more credit, recognition, and funding for small businesses owned by Black women is overdue—especially in the beauty sector. So, when a brand went viral among an audience for whom it was not originally intended, the reaction was telling. Dr. Uju Anya, a professor of linguistics at Columbia University, captured it perfectly in her tweets. All this talk happened before Mielle was acquired by P&G a week later.
Now, the sale of a company happens for a few reasons:
To scale the company’s products or footprint, they need institutional support. As Mielle Organics was flying off the shelves, this seems to be a solid rationale.
To make money. Companies are companies after all.
A combination of the above two reasons. Sometimes companies sell because they are in trouble but that doesn’t seem to be the case here.
What shifts in consumer perception after a sale?
Reduction in quality of products. I.e. change in ingredient sourcing.
Cheapening of product: change in formula as a whole.
The idea the founder is selling out. Important to note both Michelle Rodriguez and her husband are in the same roles so the company is still led by the same people.
General fear of change.
This all happened in January 2023. It’s over a year later and Mielle is now going viral for two reasons:
Claims of added cancer causing ingredients. Tiktok’s that I won’t link as I don’t want the misinformation to spread claim that Mielle has added cancer causing ingredients as a result of their P&G acquisition which is causing hair loss.
The lawsuits filed against them are proof something is amiss.
Hair loss has been reported by customers.
So, let’s dive into the claims.
The formula changed!
Let’s get right into it. The formulas don’t seem to have changed. For example, their bestseller, their Rosemary Mint Scalp & Hair Oil, is the same as when they sold. Ingredients seem to be shifted around below the 1% line, but that's usually for marketing purposes, as anything under 1% can be listed in any order the company chooses. The only thing that may have changed is the sourcing. P&G is a massive conglomerate. They can order products from suppliers for better costs due to economies of scale. This doesn’t mean that they were changing quality or the formula. Not sure on this claim, I’m dubious.
But they have a lawsuit against them for having cancer causing ingredients!
I’ve been texting with my friend cosmetic chemist Javon Ford about this all day as we have been digging into the lawsuits. I maintain Javon would have made an excellent reporter if chemistry didn’t work out for him (it has, his blushes are fantastic).
The main lawsuit circulating on social media is around Mielle’s supposed violation of Prop 65, a law that requires businesses to put warning labels on products that are carcinogenic or cause reproductive harm. Sounds scary, right?
In reality, the company suing Mielle looks like a grift. They’re suing hundreds of companies for supposed “DEA” contamination. This includes Pacifica, Charlotte Tillbury, Paula’s Choice… the list goes on. I’m finding hundreds of filings for the same ingredient. Basically almost every notable brand in beauty.
Speaking with Ford and texting another chemist Alex Padgett, I asked a question: maybe this law firm is terrible at reading ingredient lists? When looking up DEA aka diethanolamide, there are many ways it may show up according to the FDA. The only ingredient I could find in the Strengthening Shampoo listed in the complaint that resembled the FDA’s list was “Cocamide MIPA.”
Water (Aqua, Eau), Sodium C14-16 Olefin Sulfonate, Cocamidopropyl Betaine, Polyquaternium-7, Cocamide MIPA, Glycol Stearate, Polyquaternium-10, Panthenol, Propylene Glycol, Mentha Piperita (Peppermint) Oil, Rosmarinus Officinalis (Rosemary) Leaf Oil, Disodium EDTA, Phytantriol, *Orbignya Oleifera (Babassu) Seed Oil, *Zingiber Officinale (Ginger) Root Oil, *Cocos Nucifera (Coconut) Oil, Equisetum Arvense (Horsetail Grass) Extract, Lawsonia Inermis (Henna) Extract, Rosmarinus Officinalis (Rosemary) Leaves Extract, Anthemis Nobilis (Chamomile) Flower Extract, Symphytum Officinale (Comfrey) Leaves Extract, Humulus Lupulus (Hops) Extract, Urtica Dioica (Nettle) Extract, Honey, Biotin, Ricinus Communis (Castor) Seed Oil, Phenoxyethanol, Benzoic Acid, Ethylhexylglycerin, Glycereth-2 Cocoate, Fragrance (Parfum) *Certified Organic
In asking two seasoned cosmetic chemists whether Cocamide MIPA may have DEA like Cocamide DEA or Cocamide MEA, they both responded no. The MIPA equivalent was made as a replacement to be DEA free. When asked if any other ingredients contain DEA, they again responded no.
I don’t believe any of these brands have DEA in their products. However, to avoid paying thousands in legal fees, you can expect to see a Prop 65 warning. While Prop 65 could have been more effective if developed in collaboration with scientists instead of lobbyists, it appears to have been very successful in lining the pockets of legal teams that hand out lawsuits like candy. Although I fully agree that we need more regulation and oversight, warning labels lose their impact when they are applied to everything, simply because companies are afraid of whack lawsuits.
But there are reports of people’s hair falling out?!
Yes, this is true. There are reports. This may be happening for a few reasons:
Prolonged irritation from the products (essential oils are sensitizing).
Product not being compatible with hair leading to breakage or not having a well-rounded hair care routine.
Prolonged irritation:
It’s unlikely Mielle’s products are causing long-term hair loss (this tends to be systemic), but they may be irritating people’s scalps. Essential oils are featured in most of their products and if you feel burning/itching/see any sort of irritation stop using the product immediately. Prolonged inflammation can cause all sorts of problems so, pay attention. Burning isn’t normal. Note: rosemary, eucalyptus, menthol and peppermint are all there… tingle is OK, feeling like your head is about to crawl off your head is not.
Breakage:
Want to start off by saying there are many commenters and people stating Mielle helped their hair. Judging from the reaction to Earle’s Amazon list in 2022, think it’s safe to say many people enjoy Mielle products. That being said, humans have a negativity bias. We remember the bad. And in terms of online and site claims, breakage seems to be an issue and that will read as “more believable” than the good.
While people are blaming the acquisition from Unilever, it may just be that the formula isn’t suitable for the person’s hair. If something is drying it can cause your hair to break. Or, if you’re using a product incorrectly, it can go very wrong, fast.
For example, I wanted TikTok hair. Long, glossy, split-end free hair to be precise. Every video was telling me to use protein and so, I put my hair on a body-builder regiment. Everyday, I packed my hair with as much protein as possible thinking it wold lead to “strong” hair. This was my user error. When using a protein-packed haircare product you need to clarify hair and remove build-up. My hair shed like crazy for months before I figured it out. Using a clarifying shampoo resolved the issue (hi K18 / affiliate).
When using a product, it doesn’t matter how good the hype is, the moment you notice breakage take a break and think about what you added.
In sum…
If the product is causing breakage, that’s valid, but please, stop citing some chop shop law firm’s suit against the company. A reminder it’s being issued to hundreds of other brands, not right to only talk about Mielle. The idea they’re adding cancer-causing chemicals as part of a sell-out to P&G is just wrong. That is not what the lawsuit says and the source of the suit is dubious. Mielle through an acquisition kept their original leadership team and they kept their prices the same. It also appears that their formulas and ingredient lists are unchanged outside of some minor switches in ordering. I’m not going to comment on how the brand is responding, as I can’t imagine how stressful and hard this situation is. A reminder, the founder can’t just go on social media, they now have to go through big corporate legal. All I can remind you, gentle reader, is that misinformation is a hell of a drug, and we need a Prop 65-style warning on social media platforms. ‘Tis becoming quite toxique.
This is so well written and easy to digest! Thank you for shedding light on this topic and thanks for adding the important history of black hair care products seemingly selling out.
Toxic is an understatement! And the fact that these products go viral from tik tok videos by cute young influencers who have no gravitas at all is even more frightening. Now companies need to rethink whether they want this or not because they open themselves up to baseless lawsuits with their success.