Frizzies VS Formaldehyde: Brazilian Blowout Settlement Orders Honest Advertising
Although many consumers and stylists reacted proactively to the news of the toxins used in Brazilian Blowout products and switched to safer methods, others did not, sacrificing health for beauty. A settlement requiring the Brazilian Blowout manufacturer to warn consumers and hair stylists of the health risks associated with its products was announced today, making it the first government enforceable action in the U.S. to address the exposures of formaldehyde gas associated with said products.
Attorney General Kamala D. Harris revealed the details of the settlement that demands GIB, LLC - a company that does business under the name Brazilian Blowout - "to cease deceptive advertising that describes two of its popular products as formaldehyde-free and safe," according to a release. Harris said, "California laws protect consumers and workers and give them fair notice about the health risks associated with the products they use. This settlement requires the company to disclose any hazard so that Californians can make more informed decisions."
The two products used in the trendy hair-straightening process that are covered by the settlement are "Brazilian Blowout Acai Smoothing Solution" and the "Brazilian Blowout Professional Smoothing Solution." Both contain formaldehyde, a carcinogen, but were labeled "formaldehyde free." So, as customers went under the treatment for a sleek, shiny mane, they were also inhaling toxic gas - as were stylists. Filed by the Attorney General's office in November 2010, the suit alleged that GIB "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."
In addition to incorporating honesty into its business plans, the company must also make changes to its website and pay $600,000 in fees, penalties and costs. The settlement marks the first law enforcement action under California's Safe Cosmetics Act, a right-to-know law enacted in 2005.
Details of the settlement terms require GIB to do the following:
- 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.
- Pay $300,000 in Proposition 65 civil penalties, and $300,000 to reimburse the Attorney General's office fees and costs.
Now, how about forcing the company to remove formaldehyde from its products?
