“Brazilian Blowout violates California air quality law”, says court documents. The California Attorney General’s office is asking the court to “cease all sales of Brazilian Blowout Solution in or into the state of California.”
In November 2010, the California Attorney General’s office filed a lawsuit against GIB LLC, the makers of Brazilian Blowout, claiming that the high levels of formaldehyde in Brazilian Blowout Solution, then advertised as “safe” and “formaldehyde free”, violated “six state environmental and consumer protection laws.” These laws include: “Proposition 65, the California Safe Cosmetics Act, the False Advertising Law, Consumer Fraud law, the Unfair Competition law and the Consumer Products Regulations of the California Air Resources Board (CARB).”
In January 2012 a settlement was reached through a “Consent Judgment” that solved “five of the six” issues the state had with the company. The settlement required Brazilian Blowout to do the following:
– “Produce a revised Material Safety Data Sheet (MSDS) that includes a Proposition 65 warning: ‘WARNING: Use of Brazilian Blowout Acai Professional Smoothing Solution as directed will expose you to formaldehyde (gas), a chemical known to the State of California to cause cancer.’
– Report to the Department of Public Health that its product contained a carcinogen.
– Cease deceptive advertising claiming their product is ‘safe’ and ‘formaldehyde free’, engage in corrective advertising and make significant changes to the Brazilian Blowout website.
– Affix ‘CAUTION’ stickers on the bottles to inform stylists the product releases formaldehyde gas and that precautionary measures are needed, including
Up until this point Brazilian Blowout was spreading misinformation about the safety of their product on their website, at trade shows and by sending letters and multiple emails to certified stylists and salon owners.
The last issue however required additional testing to determine if Brazilian Blowout Solution could even be sold in California because it “violated air quality laws” by “emitting high levels of Volatile Organic Compounds (VOCs).”
The state agreed to put the “air pollution controversy” on hold so stylists would immediately take extra precautions IF they decided to continue to use this product, because remember, stylists were being told this product was “safe”, had “no harsh chemicals” and was “formaldehyde free”. The state also wanted to give Brazilian Blowout the chance to “reformulate their product” because in order to prevent the need to stop sales in California, the product had to be altered to comply with the state’s air quality laws to “fall below the state’s smog forming pollution limits.”
“The Consent Judgment” issued by the court and agreed upon by both parties is “crystal clear regarding VOC’s in Brazilian Blowout”:
– “Brazilian Blowout will retain two independent laboratories that are acceptable to the Attorney General for testing for total regulated VOCs.
– The Attorney General will purchase three bottles of Brazilian Blowout Smoothing Solution in a single order placed through regular channels. The Attorney General will then send a bottle to each of the labs chosen by Brazilian Blowout and will provide the third bottle to CARB for in-house testing for total regulated VOCs.
– The precise method that must be used for product testing is ‘Method 310’ as per CARB Consumer Product Regulations.
– If all results obtained by CARB and two independent laboratories indicate that the Smoothing Solution Products exceed the total regulated VOC limit, then GIB must immediately cease sales of any non-compliant product in California until such compliance can be demonstrated.”
Looks like Michael Brady, the CEO of Brazilian Blowout, wasn’t kidding about NOT reformulating his product when he bragged to the New York Times “We get to sell the product forever without reformulation,” he said. “In my eyes, that’s the acquittal we’ve been waiting for.”
Not so fast Mr. Brady…you might have a little problem in California.
The test results are in! “Analysis of Brazilian Blowout Professional Smoothing Solution by all three laboratories, two selected by Brazilian Blowout, have produced unanimous conclusion: The product violates California air quality law.”
This means “selling Brazilian Blowout Solution from its North Hollywood headquarters and to California customers” is now illegal.
But guess what? Brazilian Blowout refuses to cease sales of its Smoothing Solution. In good ole’ Brazilian Blowout fashion, they now question testing “Method 310” that they had absolutely no problem with BEFORE they got their detrimental test results and that they agreed upon in the Consent Judgment. The company has yet to come up with any valid scientific evidence against the “Method 310” or any wrongdoing on the part of any of these 3 labs.
Seems like the clever quote in these court documents is rather quite fitting: “As long ago explained by Upton Sinclair: ‘It is difficult to get a man to understand something, when his salary depends upon his not understanding it.’ Ultimately GIB’s argument is not with the laboratory methods, but with laboratory results and their implication: GIB may not sell its most lucrative product in its home state and largest market, unless they reformulate it to comply with the law.”
The court date is set for November to request the court to enforce the terms in the Consent Judgment and cease sales of Brazilian Blowout Solution in or into California.
If the court rules in favor of the Attorney General’s office this will surely be a big win for all of the salon workers out there, in California at least, who have suffered irreparable health problems due to their exposure of these products.
Stay tuned to Pretty Toxic for any and all important updates!
For an update on this story please read: California orders Brazilian Blowout to take their toxic product off the market.