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Brazilian Blowout Fights Back Against Legal Attacks

by Deborah Dunham (Subscribe to Deborah Dunham's posts)
Posted Dec 17th 2010 at 4:00PM  
13 Comments
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Straight hair

The creators of the Brazilian Blowout fight back against legal attacks. Photo: Harry Vorsteher, Corbis

After months of public backlash and legal scrutiny, the makers of the popular Brazilian Blowout are fighting back against allegations that their hair-straightening serum contains formaldehyde.

The Hollywood-based company launched a lawsuit on Wednesday against the very people who started their legal woes -- Oregon's Health & Science University Center for Research on Occupational and Environmental Toxicology.

Brazilian Blowout is reportedly seeking an injunction for the Oregon Occupational Safety & Health Administration (OSHA) to cease reporting the results from an October 29 report entitled "'Keratin-Based' Hair Smoothing Products and the Presence of Formaldehyde." The report, according to Brazilian Blowout, is "false" and "misleading." As a result, the company claims they have "lost sales, consumer goodwill and industry market share."

The lawsuit claims that OSHA's labs improperly combined the product's ingredients -- methylene glycol (a liquid) and formaldehyde (a gas).

And even though the results showed Brazilian Blowout had acceptable levels of formaldehyde, a known carcinogen, the hair care company claimed on its website and marketing materials that it was "formaldehyde free."

That led to their other legal feud with California's general attorney's office.

In addition to fighting these lawsuits, Brazilian Blowout has created financial hardships for its primary customers -- salons.

Knowing that the salon industry could lose tens of millions of dollars if this popular hair-straightening solution is banned, salons are now put into a difficult situation.

"As an industry, they don't want to see it go away," Mary Rector-Gable, founder of the salon industry site, behindthechair.com, told WWD. "There's no question that in very difficult economic times, keratin treatments have added a huge revenue stream."

In the midst of such controversy, this is something even Brazilian Blowout can agree on.

"No one wants [Brazilian Blowout] to go away," said Mike Brady, the company's co-founder and chief executive officer. "Not stylists. Not salons. And not consumers." Although, in time, he is confident the current allegations and lawsuits will "go away."

Want more information on this hair-straightening treatment? Check out this "I Tried It" report.

And be sure you know the pros and cons of Brazilian Blowout, too!

Read All Comments
Filed under: Hair Care, Cuts & Style, Hair, News
Tags: blowout, Brazilian Blowout, hair straightener, hair straightening, hair treatments, lawsuits, straight hair
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READER COMMENTS

(13)Add A Comment

bella blu, 12-19-2010, 9:06AM

2.5 stars vote downvote upReport
bella blu

It's a real shame that Brazilian Blowout deceived their core client base, namely stylists and salons, who really needed to introduce new and exciting treatments at a time when maybe many aren't doing so well.

I live in Brazil, where the treatment began life and is known as Escova Progressiva.
Keratin based straightening products are very popular here because of the deep ethnic blend of the people combined with very humid conditions.

The Formaldehyde issue was first dealt with back in 2005 and new legislation brought in to control its use in hair products.
It's now illegal for any company to use Formaldehyde in hair products, plus before putting them on sale each new hair treatment is rigorously tested by a Government run body which issues succesful new treatments with a certificate of suitabilty.

Without full compliance companies are not allowed to operate!

May sound complicated but when it's combined with the added requirement for all products to carry a full ingredient list you leave little room for cheating.

My question is, how can it be that in the world's largest economy so little protection exists for consumers?
And if it's happening in one industry it must be happening in others.

A free market is a good thing, but not when it affects the health of the population!

And it requires trust. If companies seek to exploit its own customers, as seems to be the case here, it deserves to face the strictest penalties.

Reply »

bella blu, 12-19-2010, 9:05AM

2 stars vote downvote upReport
bella blu

Jeez.
Nice work Stylist.com for letting so much constructive debate thru!
Why is some guy advertising his site here???

Get a grip on the comments or it's just not worth contributing.

For some serious debate on the Brazilian Blowout issue head over to my blog - brazilfabulous.com.
I regulate comments there so you won't need to wad thru ads for penny auctions to join in.
Although you might not save hundreds on your iPad, you will be able to talk hair!
BB

Reply »

Jennifer, 12-20-2010, 2:36PM

2 stars vote downvote upReport
Jennifer

I absolutely love this! I will NEVER stop getting them done!

Reply »

Gunsmoke, 12-20-2010, 3:41PM

2 stars vote downvote upReport
Gunsmoke

It Doesn't Just Straigten Your Hair but It Also Preverves Your Skin For An Ageless Look !!

Reply »

Barbara, 12-20-2010, 3:42PM

2 stars vote downvote upReport
Barbara

I love the Brazilian Blowout. Have very curly hair. Had it done in Hawaii on vacation. Glad it is over here too.

Reply »

Bob, 12-20-2010, 3:51PM

2 stars vote downvote upReport
Bob

Who cares, you ain't agonna eat it.

Reply »

steve, 12-20-2010, 5:54PM

2 stars vote downvote upReport
steve

These blowouts do make people sick. My girlfriend has a salon, and every time she does this service, she comes home feeling ill, sneezing, congested, etc. Three customers have complained and are considering hiring a lawyer to look into suit. She is dissapointed because you can make good money on them. They will deny this because of the all mighty dollar.

Reply »

betty, 12-20-2010, 6:23PM

2 stars vote downvote upReport
betty

sorry..but test have beend done on the product and IT DID show traces of formaldehyde. Any, even the smallest amount can cause serious damage... SO it's OUT out...

Reply »

christina, 12-26-2010, 6:52PM

2 stars vote downvote upReport
christina

actually, trace amounts of formaldehyde DON'T cause damage - it takes a hell of a lot of formaldehyde to make someone really ill (unless you're ingesting it.) I'm a medical student and I've spent hours upon hours in a formaldehyde-laden room, dissecting human cadavers, as have 299 of my classmates. Guess how many of us are sick and/or dying? ZERO. And that includes at least one pregnant student.

»

j, 12-20-2010, 6:53PM

2 stars vote downvote upReport
j

i like it

Reply »

Cutter, 12-20-2010, 11:18PM

2 stars vote downvote upReport
Cutter

What does the material safety data sheet (MSDS) say? The tall brown bottle containing "Brazilian Blowout", states "Formaldehyde Free". I've worked as an Industrial Hygienist and sampled for chemicals such as but not limited to: formaldehyde for many years. Any CSHO's know? I need an MSDS to see what it states in the decomposition section. Does it state it will produce formaldehyde or product formaldehyde gas, when heated up (Blow dried) blow drying the hair?

I've heard hair stylists aren't overexposed to formaldehyde when compared to the OSHA 8-hour time weighted average (TWA) permissible (PEL) 0.75 parts per million (ppm). I've also heard hair stylists are not overexposed to the OSHA 15-minute short term exposure limit (STEL) 2.0 ppm.

I haven't read or heard anything about Brazilian Blowout overexposures to formaldehyde on the osha.gov internet site. Wonder if customers are overexposed? I doubt it. if hair stylists aren't overexposed, then I would assume customers aren't overexposed.

What does the National Institure of Occupational Safety and Health (NIOSH), American Conference of Governmental Industrial Hyigiene (ACGIH) or American Industrial Hygiene Association (AIHA) recommend employees exposure to formaldehyde be below? I guess I can look that up later.

The big question is = What does the material safety data (MSDS) say in the decomposition section? Does the MSDS state in the decompositon section whether the Brazilian Blowout product produces formaldehyde or formaldehyde gas when heated (Blow dried)? Hmm, maybe the Brazilianblow.com can tell me... Wonder if there was an MSDS made for this product? Let me know if you can find a MSDS on this product. I'm sure OSHA, public, news media wants to know! I want to know.

Reply »

Violin lesson, 1-16-2011, 4:09AM

2 stars vote downvote upReport
Violin lesson

This is a great post. i will bookmark this page for reference. Keep it up and hope to read more of you soon.


Thanks,
violin lesson

Reply »

hairdresser_jess, 12-26-2010, 10:56AM

2 stars vote downvote upReport
hairdresser_jess

I am a hairdresser and I will not do the Brazilian Blowout at all. Not only does it smell bad as a treatment, you still have to style your hair after the fact. And let's be honest,it never really looks "right" either. This is not to say I haven't seen some good results, it's just that the good results are too few and too far between. If you are going to do something chemically to your hair, stick with hair color.

Reply »

 
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