Tag: josephkellner.com

California Superior Court Gives Brazilian Blowout 30 Days to Reformulate or Remove Products from Marketplace

~ Joseph Kellner

Los Angeles—The California Superior Court, County of Los Angeles, issued an order on November 29, 2012 requiring the manufacturers of Brazilian Blowout hair straightening solution, GIB, LLC (GIB) to stop selling its product in California within 30 days and prove that its new, reformulated product meets California Air Quality Standards. According to the attorney general’s court papers, testing by three different laboratories shows that GIB’s hair straightening product violates California air quality law and emits smog-forming pollutants at levels higher than allowed by the California Air Resources Board. Formaldehyde, a human carcinogen, is a major ingredient in Brazilian Blowout.

“The move to pull the original Brazilian Blowout formula from the market is a victory for women’s health,” said Alexandra Scranton, on behalf of the National Healthy Nail and Beauty Salon Alliance. “Brazilian Blowout continues to expose salon workers to cancer-causing chemicals and it clearly violates California’s air pollution standards.”

In a previous settlement agreement with California Attorney General Kamala Harris’s office, GIB agreed to stop deceptively advertising the product as formaldehyde-free and put caution stickers on their product advising users that it releases carcinogenic formaldehyde gas. The company also agreed to participate in further testing to evaluate whether its Brazilian Blowout product violated California air quality laws and reformulate its product if it were found in violation.

Three independent laboratory tests showed that Brazilian Blowout releases high levels of Volatile Organic Compounds (VOCs) and in violation of its previous agreement with the State of California, GIB had refused to either reformulate Brazilian Blowout or remove it from the marketplace. Following that refusal, the California Attorney General’s Office asked the California Superior Court to remove Brazilian Blowout from the market on October 9, 2012.

According to the California Air Resources Board, VOCs are an important component in the formation of ground level ozone, a major part of California’s smog problem. The Board’s air quality standards require that Brazilian Blowout contain no more than six percent VOCs by weight. Testing by two independent labs approved by the company, and testing by the Board, found Brazilian Blowout contained between 8.1 percent and 11.49 percent of regulated VOCs by weight.

“We applaud the attorney general for vigorously pursuing an action against this manufacturer who evidently believes it can ignore the law without repercussion. A cosmetic product should never contain formaldehyde, a known carcinogen and respiratory irritant. It’s reassuring that the original formula of Brazilian Blowout, due to violating air quality laws, will no longer be around to harm consumers and hair salon workers in California,” said Catherine Porter with the National Healthy Nail and Beauty Salon Alliance.

Stylists who regularly perform Brazilian Blowout treatments are exposed to formaldehyde gas at levels well in excess of the state’s Proposition 65 warning threshold, according to the California AG’s lawsuit.

“As a hairstylist that has been seriously affected by Brazilian Blowout, I know firsthand just how dangerous this product is. Getting the original Brazilian Blowout formula off the shelves will be a big win for salon workers who have suffered irreparable health problems due to exposure to this product,” said California salon worker Jennifer Arce.

According to the California Attorney General’s office, the California Air Resources Board will test the reformulation of Brazilian Blowout by December 15 to ensure the product meets the VOC limit of six percent.

Brazilian Blowout has been banned in Canada and at least four other countries, including Germany, France, Ireland and Australia, but is still allowed to be sold in the U.S. The federal Safe Cosmetics Act, introduced into the U.S. House of Representatives in July 2011 by Reps. Jan Schakowsky (D-Ill.), Ed Markey (D-Mass.) and Tammy Baldwin (D-Wisc.) would ban chemicals known to cause cancer from cosmetics, as many other countries have already done.

“This dangerous product never should have been on the market to begin with,” said Janet Nudelman on behalf of the Campaign for Safe Cosmetics. “But because of lax U.S. regulation, countless stylists and salon patrons have been exposed to harmful levels of formaldehyde.  Unfortunately, Brazilian Blowout is just one of many examples of why Congress needs to pass the Safe Cosmetics Act.”

Brazilian Blowout You Really Screwed Up! Hair treatment ruled carcinogenic!

~ Joseph Kellner
 
The makers of the popular Brazilian Blowout line of hair-straightening products — which can cost up to $500 per salon treatment — have agreed to change their labeling to warn consumers that the treatments can release formaldehyde gas, which is considered a carcinogen and can cause irritation of the eyes and skin, according to a report from USA Today.
The move by GIB LLC comes following a lawsuit from the California state attorney general’s office. The products are labeled as formaldehyde-free, but last September the FDA warned that Brazilian Blowout contains “dangerously high levels” of the gas. According to a report from WebMD, the FDA found that Brazilian Blowout products contained between 8.7 percent and 10.4 percent formaldehyde. Levels about 0.1 percent required an occupational hazard alert under guidelines from the U.S. Occupational Safety and Health Administration (OSHA).

At the time, GIB CEO Mike Brady denied that his company’s products contained formaldehyde.
The FDA and OSHA issued their first health hazard about Brazilian Blowout in April 2011 to let salon workers and owners know about the potential for formaldehyde exposure from these products.
The FDA issued a warning letter to GIB on Aug. 22, 2011, saying “Brazilian Blowout contains methylene glycol, the liquid form of formaldehyde, which, under the conditions of use prescribed in the labeling, releases formaldehyde when hair treated with the product is heated with a blow dryer and then with a hot flat iron.” The agency reported a wide range of health problems that had been reported by users of the products: “Adverse events have reported the following injuries associated with Brazilian Blowout: eye disorders (irritation, increased lacrimation, blurred vision, hyperaemia); nervous system disorders (headache, burning sensation, dizziness, syncope), and respiratory tract (dyspnea, cough, nasal discomfort, epistaxis, wheezing, rhinorrhea, throat irritation, nasopharyngitis). Other reported symptoms included nausea hypotrichosis, chest pain, chest discomfort, vomiting, and rash.”
The FDA has authority over product packaging, but has none over the operation of salons. OSHA, on the other hand, governs workplace safety, including air conditions.
 
 
The FDA’s warning letter presented CEO Brady with an ultimatum: “You should take prompt action to correct the violations cited in this letter. Failure to do so may result in enforcement action without further notice, including, but not limited to, seizure and/or injunction.”
 
The state of California, where GIB is located, followed the FDA’s letter with its lawsuit, charging deceptive practices.
 
Health concerns over Brazilian Blowout had been voiced for some time before the FDA letter was sent. Oregon Health & Science University issued a report about the products in September 2010 after complaints from stylists at one of that state’s salons.
 According to a March 2011 report from Fox News, Brazilian Blowout treatments can cost between $200 and $500 and last several months. Despite the growing health concerns, the products have been popular in Hollywood, where celebrities such as Nicole Kidman and Halle Berry have used the treatment.
GIB has agreed to pay $600,000 in penalties and fines and provide salons with a product safety brochure. The company has already changed the labeling of its products. The saddest thing about this whole situation it took a organization outside of our industry to do something about the proble. Way to go pba.org it’s all about manufacturer dollars in my industry. You all suck!