California Attorney General Announces Settlement Requiring Honest Advertising over Brazilian Blowout Products

Attorney General Kamala D. Harris today announced a settlement with the manufacturer of Brazilian Blowout products that will require the company to warn consumers and hair stylists that two of its most popular hair smoothing products emit formaldehyde gas. 

The settlement requires GIB, LLC, which does business under the name Brazilian Blowout, to cease deceptive advertising that describes two of its popular products as formaldehyde-free and safe. The company must also make significant changes to its website and pay $600,000 in fees, penalties and costs. 

"California laws protect consumers and workers and give them fair notice about the health risks associated with the products they use," said Attorney General Harris. "This settlement requires the company to disclose any hazard so that Californians can make more informed decisions." 

Today's settlement is the first government enforceable action in the United States to address the exposures to formaldehyde gas associated with Brazilian Blowout products. It is also the first law enforcement action under California's Safe Cosmetics Act, a right-to-know law enacted in 2005. 

In November 2010, the Attorney General's office filed suit against GIB, LLC 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 settlement covers two products used in a popular salon hair straightening process, the "Brazilian Blowout Acai Smoothing Solution" and the "Brazilian Blowout Professional Smoothing Solution". 

The complaint alleged the two products 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. 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. 

A copy of the settlement is attached to the online version of this release at www.oag.ca.gov.


Consent Judgement  [PDF 531 kb / 42 pg]

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US Department of Labor continues to cite beauty salons and manufacturers for formaldehyde exposure from hair smoothing products

OSHA urges salon owners to implement protective measures

The U.S. Department of Labor's Occupational Safety and Health Administration is continuing its efforts to protect workers from the dangers of formaldehyde exposure.

In November, OSHA issued citations and fines to two salons for failing to implement precautions to protect workers from exposure to formaldehyde when using certain hair-smoothing products. Formaldehyde can irritate the eyes and nose; can cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. Salon owners who decide to use products that may contain or release formaldehyde must follow the requirements of OSHA's formaldehyde and hazard communication standards to keep workers safe.

"We want to make sure that salon owners are aware that if they use these products, they have to implement protective measures such as air monitoring and training," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "What is very troubling to the agency is that some of these products clearly expose workers to formaldehyde even when the label states they are ‘formaldehyde free.'"

OSHA continues to respond to complaints and referrals of formaldehyde exposure in salons, beauty schools and manufacturing facilities. To date in calendar year 2011, federal OSHA has issued citations to 23 salon owners and beauty schools in Connecticut, Massachusetts, Pennsylvania, Florida, Illinois, New York, New Jersey and Ohio, with fines ranging up to $17,500 for failing to protect workers from overexposure and potential exposure to formaldehyde.

Some of these violations include failing to communicate the hazards of exposure to formaldehyde, provide needed protective equipment and test air levels. The requirements of OSHA's formaldehyde standard can be viewed at http://s.dol.gov/KW. In three separate salons, OSHA's tests showed that workers were exposed to formaldehyde levels above the agency's 15-minute short-term exposure limit, which is 2.0 parts of formaldehyde per million parts of air. In one case, OSHA determined that a hair stylist was exposed to more than five times the allowable amount with an actual exposure reading of 10.12 ppm. In another instance, the exposure reading was 4.73 ppm.

OSHA also has issued citations to two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for failing to protect their own workers from possible formaldehyde exposure as well as to communicate the hazards of formaldehyde exposure to salons, stylists and consumers. The violations of OSHA's formaldehyde and hazard communication standards include failing to list formaldehyde as a hazardous ingredient on the material safety data sheet, the hazard warning sheet provided to users such as salon owners and stylists; include proper hazard warnings on product labels; and list the health effects of formaldehyde exposure on the MSDS. Labels must include ingredient and health hazard warning information, and the MSDS must provide users with information on the chemicals in a product, the hazards to workers and how to use the product safely.

"The best way to control exposure to formaldehyde is to use products that do not contain formaldehyde. Salons should check the label or product information to make sure it does not list formaldehyde, formalin, methylene glycol or any of the other names for formaldehyde," said Michaels. "If salon owners decide to use products that contain or release formaldehyde, then they must follow a number of protective practices — including air monitoring, worker training and, if levels are over OSHA limits, good ventilation or respirators."

OSHA already has conducted significant outreach to salons, beauty schools and manufacturers to alert them about the hazards of hair smoothing products and the requirements of OSHA's standards. In late September, OSHA issued a second hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products, which can be viewed at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html. This alert, which revised the initial alert issued last spring, was prompted by the results of additional agency inspections, a warning letter issued by the U.S. Food and Drug Administration, and factually incorrect information recently sent to salons by Brazilian Blowout, a company that manufactures hair products.

In response to the Aug. 24 letter sent by Brazilian Blowout to salon owners claiming that all OSHA air tests performed on the company's Brazilian Blowout Professional Acai Smoothing Solution yielded results below OSHA's standard for exposure, the agency sent a letter to the company refuting that assertion. OSHA's letter can be viewed at http://www.osha.gov/SLTC/formaldehyde/brazilian_blowout_letter.pdf*.

For more information on formaldehyde exposure in salons, visit http://www.osha.gov/SLTC/hairsalons/index.html.

For small businesses in all states across the country, OSHA's On-site Consultation Program offers free and confidential advice for employers seeking help to identify and prevent job hazards or improve their safety and health management systems. In fiscal year 2010, the program provided free assistance to more than 30,000 small businesses covering more than 1.5 million workers across the nation. For more information, visit http://www.osha.gov/dcsp/smallbusiness/consult.html.

"These consultation services are separate from enforcement and do not result in penalties or citations," said Michaels. "Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management systems."

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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Dangerous Formaldehyde Based Hair Straighteners Reportedly in Widespread Use

A recent report published by the Environmental Working Group (EWG) reports, that formaldehyde based hair straighteners, used in many hair salons, are health hazards.  The products are allegedly being used without disclosure of the potential health dangers of human exposure. Formaldehyde is a known carcinogen, a cancer causing agent, as well as an allergen.

EWR reports:

"For the past four years, some celebrities and fashionistas with $250 to $600 to drop at a hair salon have raved about “Brazilian-style keratin” hair straighteners purported to transform frizzy, unmanageable hair into flat, silky-smooth locks.

"In fact, those chemical concoctions are loaded with formaldehyde, which numerous prestigious health bodies, most recently, a National Academy of Sciences panel, have labeled a human carcinogen. Formaldehyde is also a potent allergen. It is especially hazardous when it reverts to its natural state, a gas, and is inhaled. Formaldehyde-based hair straighteners present a particular danger to salon workers who apply blow driers and 450-degree flatirons to chemical-coated hair.

"Some salon clients and personnel have suffered severe allergic reactions, massive hair loss, neck and face rashes, blistered scalps and other serious health problems, according to an Environmental Working Group review of 47 previously unpublished “adverse event” reports filed with the U.S. Food and Drug Administration and obtained under the Freedom of Information Act.

"EWG’s comprehensive survey of 45 manufacturers of hair-straightening products has found that: 

15 of 16 companies claim little to no formaldehyde but tests show their products contain substantial amounts – These include Brazilian Blowout, Cadiveu and other top brands. The hair straightener company Goleshlee admits on its website that its product contains formaldehyde but omits the toxic chemical from its online ingredient list.

Fumes in salon air – Tests of salon air conducted in 2010 found powerful formaldehyde fumes. Other tests have found that hair straighteners contain up to 11.8 percent formaldehyde. When vapors reach significant levels, and when products contain a formaldehyde solution of more than 1 percent, federal law requires salons to provide medical monitoring for workers with symptoms, quick-drench showers for immediate use if solution touches skin and emergency eyewash stations. 

Most top salons deny risks – Only three of Elle magazine’s 41 top-rated salons surveyed by EWG do not offer hair-straightening services because of health dangers. Nine salons claimed they used products free or nearly free of toxic chemicals. Yet test results compiled by EWG show the products are laden with formaldehyde. The salons’ claims usually echoed the manufacturers’ own misstatements about the chemistry and safety of the products. Among salons offering formaldehyde hair straighteners are the Andy Lecompte salon in Los Angeles, Whittenmore House Salon in New York and Metodo Rossano Ferretti Hair and Spa in Miami."

Recently the US Occupational and Health Administration issued a "Hazard Alert" to salon workers and owners over the dangers of the us of hair straighteners. The EWG has petitioned the US Food and Drug Administration (FDA) to also take action citing allegedly hazardous products. The exhibit accompanying the petition reviews multiple products including:


The EWR reports on the following products:

• R and L Soft-Liss Professional Line 
• KeraGreen Keratin and Protein Hair System by LBD 
• Tahe Thermo Keratin Hair Treatment
• Silkening Technologies Pro Collagen Rx Keratin Treatment
• Brazilian Gloss Brazilian Keratin Treatment
• Keratin Express Formula
• Marcia Teixeira Brazilian Keratin Treatment
• IBS i-Straight System
• Coppola Keratin Keratin Complex Smoothing Therapy
• Brazilian Blowout Açai Professional Smoothing (“Original”) Solution
• Cadiveu Brazilian Keratin Smoothing Formula
• Global Keratin (“GKHair”) Products
• QOD

Since the FDA does not have the authority to issue a recall, EWR recommends, among other safety issues that need to addressed, that companies voluntarily recall their hair straightening products.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered work related accidents and injuries.
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