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Settlement Reached Between The California Attorney General's Office and Makers of Brazilian Blowout

In recent years, the California Department of Public Health (CDPH) and Cal/OSHA have received multiple inquiries regarding the potentially hazardous health effects that have been associated with keratin-based hair smoothing products. Of significant concern, however, is a specific product by the name of Brazilian Blowout. In 2010, Oregon OSHA and Health Canada warned that Brazilian Blowout contained undisclosed amounts of formaldehyde, an organic compound that is widely believed to cause cancer and other serious side effects.

In response to growing health concerns, the California Attorney General’s office filed suite against the makers of Brazilian Blowout on November 10, 2010, citing the firm for lack of proper labeling, false and deceptive advertising, and violation of the California Safe Drinking Water and Toxic EnforceCalifornia Safe Cosmetics Act of 2005. Following a two year investigation into the safety and efficacy of these products, both the Attorney General and the makers of Brazilian Blowout came to terms on a settlement.

Through the use of a Brazilian Super Nutrient Complex and a proprietary polymer system, Brazilian Blowout is intended to improve the condition of hair by creating a protective protein layer around the shaft to eliminate frizz and smooth the cuticle. Subsequently, salons across the United States are boasting that Brazilian Blowout treatment is the next generation of salon care techniques.

Unfortunately, an increasing number of stylists and consumers have reported acute health problems consistent with exposure to formaldehyde following the use of these treatment systems. Reported problems include nose bleeds, burning eyes and throat, skin irritation, and asthma attacks. Subsequently, These products have been found to contain between 4 and 12 percent formaldehyde, as confirmed by at least four independent laboratories in California, Oregon and Canada.

While it is not illegal in the U.S. to put formaldehyde (or formaldehyde solutions) into cosmetics products, it is illegal to do so without disclosing it to consumers. Accordingly formaldehyde is a strong irritant to the eyes, nose, throat, skin, and lungs. It can produce allergic reactions such as asthma and skin allergy. Formaldehyde is also widely accepted as a chemical known to cause cancer.

The primary route of exposure to formaldehyde, when using Brazilian Blowout under the conditions of use prescribed in the labeling, is through inhalation. The introduction to formaldehyde for a prolonged period of time has led to the development of complications in those exposed to it. Workers and consumers alike have reported nose bleeds, burning eyes and throat, skin irritation, and asthma attacks; all consistent with formaldehyde exposure.

In response to the influx of adverse reactions, the California Attorney General’s office filed suite against the makers of Brazilian Blowout on November 10, 2010, citing the firm for lack of proper labeling, false and deceptive advertising, and violation of the California Safe Drinking Water and Toxic EnforceCalifornia Safe Cosmetics Act of 2005.

After two years of intensive investigations, a settlement was reached. According to this groundbreaking settlement, the makers of Brazilian Blowout are required to warn consumers and hair stylists that two of its hair smoothing products emit formaldehyde gas. The company must also cease deceptive advertising; pay $600,000 in fees, penalties and costs; and report the presence of formaldehyde in its products to California Safe Cosmetics Program (CSCP).

Do I Have a Brazilian Blowout Lawsuit?

The trial lawyers at The Senators (Ret.) Firm, LLP have decades of experience navigating through complex legislative and regulatory issues and litigating high stakes cases all over the nation. Our law firm focuses on the representation of plaintiffs in Brazilian Blowout lawsuits. We are currently accepting new cases in all 50 states.

If you or a loved one has been injured after receiving a Brazilian Blowout treatment, you may be entitled to financial compensation. For a free case review, please click the link below or call toll free 24 hrs/day 1-800-773-0849.

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