Lawsuits Settled on Brazilian Blowout

California Attorney General Suit Forces Hazard Warning

Attorney General Kamala D. Harris 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 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:

A copy of the settlement is attached to the online version of this release at www.oag.ca.gov.

A statement taken from the Brazilian Blowout web site states, "The Superior Court of California approved our settlement agreement with the California Attorney General. We are very pleased with the settlement because it allows us to finally put this issue behind us. Most importantly, we can and will continue to sell the same products that we always have. The settlement agreement will have no impact on our ability to run our business or support you.

"Going forward it will be business as usual for all of us here at Brazilian Blowout. The majority of the labeling as well as marketing and advertising changes agreed to in the settlement have already been in place for months. In the days and weeks ahead, we look forward to renewing our focus on the business and helping you get clients back in the chair."