On Monday, January 27th, a $4.5 million settlement in the Brazilian Blowout class action lawsuit was granted final approval by the court. Brazilian Blowout (BB) is a chemical treatment product used in salons and beauty shops to straighten hair. A product liability class action lawsuit was filed against the manufacturer of the beauty product alleging that BB failed to warn customers that its product may emit toxic formaldehyde gas. The Brazilian Blowout product label specifically states “formaldehyde-free”.
The class action is entitled:
“Formaldehyde gas, GIB LLC Cases, JCCP No. 4657 and in the United States District Court for the Central District of California, in a case entitled In Re Brazilian Blowout Litigation, Case No. CV 10-08452 JFW (MANx)”
The suit alleged that the defendants’ hair smoothing products, specifically called Brazilian Blowout Solution and Brazilian Blowout Acai Professional Smoothing Solution contain formaldehyde and other harsh chemicals. The defendants failed to properly disclose and also affirmatively represented as “formaldehyde free,” “contain[s] no formaldehyde,” and “contain[s] no harsh chemicals,” and as being “100% salon safe.”
In BB’s proposed settlement a Gross Settlement Fund in the amount of $4,225,000 will be established to pay out any resulting injury claims. Funds will be distributed to individual class action members upon submittal of valid claims for monetary settlement payments.
Lawsuit Origins and Formaldehyde Testing
The lawsuit originated when the owners of Streaks Hair Salon in Modesto, California first had Brazilian Blowout Solution tested at an independent lab in Rancho Cordova. The lab discovered that the sample of Brazilian Blowout tested contained roughly 13 percent formaldehyde. However, the makers of Brazilian Blowout hair treatment contended the test used to determine the 13 percent formaldehyde in its products was incorrect.
The Brazilian hair manufacturer insisted that its product was free of formaldehyde, but after following testing by the manufacturer, admitted that formaldehyde content amounted to .0011 percent of volume in each bottle.
The manufacturer relied on a certain test known as13C-NMR to measure the presence of formaldehyde in its Brazilian hair-straightening treatment, but according to a chemist at the University of the Pacific (UOP), the 13C-NMR test is the incorrect test for that purpose and cannot accurately detect the presence of formaldehyde.
Brazilian Blowout Injuries and Dangerous Side Effects
BB side effects include burning eyes, nose, and throat, breathing difficulties, and one report of hair loss associated with use of the product. Formaldehyde is used commercially as embalming fluid for both humans and animals. It is a toxic chemical, a known irritant, sensitizer, and has been linked to cancer in humans if its fumes are inhaled chronically. Any treatment containing formaldehyde above the allowable limits places clients and stylists at increased risk. After applying the BB solution treatment about 20 times to clients, one stylist reported a nosebleed and informed her clients she would no longer offer Brazilian Blowout.
The Occupational Safety and Health Administration (OSHA) issued an alert warning on September 30th, 2010 that samples of Brazilian Blowout and Acai Professional Smoothing Solution, which are sold by the same company, contained high levels of formaldehyde.
NOTE: Swope, Rodante P.A. is not involved with the lawsuit mentioned in this blog and has no impact on the outcome of any pending or future settlements or rulings associated with this case.
