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| Brazilian Blowout |
Brazilian Blowout is a popular hair-straightening treatment.
The company claims its product result in smooth, healthy, frizz-free hair with
radiant shine.
Professional Entire in-salon treatment is completed in just 90
minutes at a cost of about $250 and the results last up to 12 weeks. However, the company has run into problem in California
over its deceptive labeling practices.
In November 2010, California Attorney General's office filed
suit against GIB, LLC, which does business under the name Brazilian Blowout, for
violating five state laws, including deceptive advertising and failure to
provide consumers with warnings about the presence of a carcinogen in its
products.
The complaint alleged the two products ) "Brazilian Blowout Acai Smoothing
Solution" and the "Brazilian Blowout Professional Smoothing
Solution") contained formaldehyde but were labeled "formaldehyde
free." Proposition 65 requires businesses to notify Californians about
certain exposures to chemicals in the products they purchase. Formaldehyde is
on the Proposition 65 list of chemicals known to cause cancer.
The complaint alleged that that GIB - the manufacturer of the Brazilian Blowout
products - did not inform customers or workers that formaldehyde gas was being
released during a Brazilian Blowout treatment, and therefore product users did
not take steps to reduce their exposure, such as increasing ventilation.
An investigation by the FDA found presence of formaldehyde
in the products. Subsequently, The U.S. Occupational Safety and Health
Administration (OSHA) issued a Hazard
Alert in April 2011 to hair salon owners and workers about potential
formaldehyde exposure from working with these products. On August 22, 2011, FDA issued a Warning
Letter citing Brazilian Blowout for safety and labeling violations.
It appears now the issue has been resolved. On January 30,
2012, California Attorney General Kamala D. Harris announced a settlement with
the manufacturer of Brazilian Blowout products that will require the company,
to cease deceptive advertising that describes two of its popular products as
formaldehyde-free and safe and to warn consumers and hair stylists that two of
its most popular hair smoothing products emit formaldehyde gas The company must
also make significant changes to its website and pay $600,000 in fees,
penalties and costs. The hair-straightening products will continue to be sold
in California.
Under the terms of the settlement, GIB is required to:
- Produce a complete and accurate safety
information sheet on the two products that includes a Proposition 65 cancer
warning; distribute this information to recent product purchasers who may still
have product on hand; and distribute it with all future product shipments. The
revised safety information sheet -- known as a "Material Safety Data
Sheet," or MSDS -- will be posted on the company's web site.
- Affix "CAUTION" stickers to the bottles of the two products to
inform stylists of the emission of formaldehyde gas and the need for precautionary
measures, including adequate ventilation.
- Cease deceptive advertising of the products as formaldehyde-free and safe;
engage in substantial corrective advertising, including honest communications
to sales staff regarding product risks; and change numerous aspects of
Brazilian Blowout's web site content.
- Retest the two products for total smog-forming chemicals (volatile organic
compounds) at two Department of Justice-approved laboratories, and work with
DOJ and the Air Resources Board to ensure that those products comply with state
air quality regulations.
- Report the presence of formaldehyde in its products to the Safe Cosmetics
Program at the Department of Public Health.
- Disclose refund policies to consumers before the products are purchased.
- Require proof of professional licensing before selling "salon use
only" products to stylists.
GIB will also pay $300,000 in Proposition 65 civil penalties, and $300,000
to reimburse the Attorney General's office fees and costs.
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References
http://www.brazilianblowout.com
