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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Wednesday, February 1, 2012

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 logo [PDF 531 kb / 42 pg]
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Monday, January 30, 2012

NFL Players Tackling Heart Disease

Many football players are essentially paid to be big—really big—especially those whose job is to block or stop the big guys on the other team.  They also suffer from medical conditions that are work related and claim medical benefits and other benefits available under the Workers' Compensation Act. 
There is a good chance that these players weigh in at sizes that are classified as obese as defined by body mass index (BMI).  In the general population, high BMI generally correlates with high body fat, and we know that high body fat is a risk factor for death (mortality) and heart disease.  Is the same true for elite athletes, for whom high BMI may relate to increased muscularity rather than increased body fat?  What if the athlete plays a position where size simply matters, regardless of whether size is related to muscle or to body fat?   And what happens when former athletes are no longer conditioning at their playing-day levels?  Do professional football players die earlier than or more often from heart disease or cancer than the average American male?   New research from the National Institute for Occupational Safety and Health (NIOSH) helps answer these and other questions.
In 1994, NIOSH published research examining death rates and risk factors for former National Football League (NFL) players.1  At that time the research was based on all deaths that had occurred through 1991.   After following these players for an additional 16 years, NIOSH has just published new researchExternal Web Site Icon. on the topic in the American Journal of CardiologyExternal Web Site Icon..  
The study included 3,439 retired NFL players from the 1959 through 1988 seasons.  The study found that:
  • Players had a much lower overall rate of death compared to men in the general U.S. population of similar age and racial mix. On average, NFL players are actually living longer than the average American male. Out of the 3,439 players in the study, 334 were deceased. Based on estimates from the general population, we anticipated roughly 625 deaths.
  • Players also had a much lower rate of cancer-related deaths compared to the general U.S. population. A total of 85 players died from cancer when we anticipated 146 cancer-related deaths based on estimates from the general population.
  • Players who had a playing-time BMI of 30 or more had twice the risk of death from heart disease compared to other players. Similar findings have been noted in other studies. Offensive and defensive linemen were more likely to have a BMI greater than 30. A BMI of 30 or more is considered obese in the general population whereas a healthy BMI is between 18.5-24.9.
  • African American players had a 69% higher risk of death from heart disease compared to Caucasian players.   The study controlled for player size and position and determined that those factors are not the reason for this difference.
  • Defensive linemen had a 42% higher risk of death from heart disease compared to men in the general population. A total of 41 defensive linemen died of heart disease, when we anticipated 29 deaths based on estimates from the general population.  Among the 41 defensive linemen who died of heart disease, 8 deaths were due to cardiomyopathy (a specific kind of heart disease that causes the heart to enlarge and can lead to heart failure). We anticipated fewer than two deaths from cardiomyopathy. We saw this increased risk only among the defensive linemen.
Source The NIOSH Science Blog

Read Also: 
Body Mass Index, Playing Position, Race, and the Cardiovascular Mortality of Retired Professional Football Players
"The initial cohort included 3,732 NFL players but 292 players with unknown race and 1 “player” who was actually a trainer were excluded. By the end of follow-up in 2007, the final cohort of 3,439 players contributed 104,776 person-years at risk and 334 deaths. On average the cohort was followed for 26.8 ± 8.7 years (mean ± SD) after retirement from the NFL. For players still alive, the median age at the study end date was 57 years; 60% of the players were white (including 15 Hispanics) and 39% were African-American..."

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Sunday, January 29, 2012

Wage Miscalculations Can Result In Incorrect Low Temporary Disability Payments

Universally workers' compensation temporary disability benefits are set calculating wages at the time of the accident. If an employer miscalculates an employee's wages then the payment of temporary disability benefits paid may be too low. Employers use many techniques to report low wages.

Click here to read more: Don’t Get Short-Changed On Your Work Comp Disability Payments by attorney Brody Ockander
"While off work for your injury, make sure you are getting the proper amount of money you are entitled to. Employers use many techniques to manipulate your wages to pay you less than you are legally entitled to."

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The New Mental Workplace Stress : Loneliness

Workers' Compensation claims have been increasing for mental stress claims as technology evolves and more workers are feeling more isolated and estranged from their co-workers by technology. Mental disability attributed to psychological stressors have for decades been recognized as a compensable event in workers' compensation.  Stress claims are on the upswing as employees work alone and the declining economy forced limitations on  employer generated social activity.


Click here to read Building a Bridge to a Lonely Colleague (nytimes.com)
"...sometimes loneliness can be built into the fabric of an organization. An atmosphere of distrust, suspicion and fear can cause workers to feel estranged from one another...."
.....
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 occupational accidents and illnesses. 
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Saturday, January 28, 2012

Nursing Home Abuse: Drugging of Patients

Many seriously injured workers end up living in nursing homes for convenience and care. Workers compensation act usual pay for nursing home care, but do they really know what they are funding? Just published is a report indicting nursing homes for pharmaceutical abuse. 

"Today, CANHR is releasing "In a Stupor: What California’s Antipsychotic Drug Collaborative Reveals About Illegal Nursing Home Drugging." The report analyzes the findings of the Department of Public Health's Antipsychotic Drug Collaborative with which the Department has investigated 24 nursing homes and found 147 violations of state rules regarding the use of antipsychotics on residents. The Department's investigations confirm that misuse of antipsychotics is rampant in California nursing homes and deserves immediate remedial action...."
.....
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 occupational accidents and illnesses. 
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Workplace Violence: Workers Compensation Judge Removed For Taking a Gun To Work


I once walked into a workers' compensation court and the Judge was using a 3 foot sledge hammer as a gavel. How far a field one can go before crossing the line of what is appropriate conduct for a judge was the subject of a recent court decision.

A Court in Pennsylvania has ruled that it is unlawful for a workers' compensation judge to bring a gun to work. The judge was removed from office and terminated.


Click here to read: Peter E. Perry v. State Civil Service Commission, No. 2751 C.D. 2010 (PA 2011)


"....the Commission credited L&I‟s evidence regarding the existence of its policies concerning weapons in the workplace and Perry‟s 14  violations of those policies. The Commission‟s supported findings reveal the following. L&I issued its employees a Weapons Policy Statement, which specifically prohibited the possession of weapons, including, among other things, all forms of firearms, “while in or on property owned or leased by [L&I].” F.F. No. 9; R.R. at 134a. The policy specifies that violations “may lead to disciplinary action up to and including termination from employment.” R.R. at 134a. Perry received this policy. F.F. No. 10; R.R. at 136a-37a. Perry also received a copy of Management Directive 205.33 relating to workplace violence, issued by the Governor‟s Office, Secretary of Administration, which applied to all agencies under the Governor's jurisdiction. R.R. at 125a-32a, R.R. at 136a-37a."


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Thursday, January 26, 2012

Carolina Asbestos Textile Industry Risk High Mortality

SEM photo of Chrysotile.Image via WikipediaStudies of workers in two US cohorts of asbestos textile workers exposed to chrysotile (North Carolina (NC) and South Carolina (SC)) found increasing risk of lung cancer mortality with cumulative fibre exposure. However, the risk appeared to increase more steeply in SC, possibly due to differences in study methods. The authors conducted pooled analyses of the cohorts and investigated the exposure-disease relationship using uniform cohort inclusion criteria and statistical methods.

Increased rates of lung cancer were significantly associated with cumulative fibre exposure overall and in both the Carolina asbestos-textile cohorts. Previously reported differences in exposure-response between the cohorts do not appear to be related to inclusion criteria or analytical methods.

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