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Hair-Straightening product maker settles class-action lawsuit

With government inquiries and health complaints rising, the manufacturer of a popular hair-straightening product, Brazilian Blowout, has agreed to settle with class-action plaintiffs for $4.5 million. Pittsburgh users of this alleged defective product may receive $35 for each treatment (up to 3 total) and stylists are scheduled to get $75 for each bottle of the product they purchased.

The manufacturer also agreed to cease and desist from marketing this product as "formaldehyde free," and give stylists better instructions on how to use Brazilian Blowout more safely. The plaintiffs' attorney noted that the manufacturer can still sell the product, as long as consumers "know what it is that they are buying."

In early 2012, the North Hollywood, California, company agreed to a settlement with the California attorney general to pay fees and penalties of $600,000, while also agreeing to warn users that the defective product emits formaldehyde gas, listed as a carcinogen by the federal government.

The company CEO maintained that the product creates no dangers for stylists or users "as long as it was used correctly in a well ventilated area." He added that the manufacturer wants users to treat it like "aspirin," using it only "as directed."

After stylists complained that the product was causing "nosebleeds, breathing problems and eye irritation," Canada and Oregon regulators issued warnings about the product in 2010. Using amino acids and methylene glycol to straighten out hair frizz, the product–when heated–produces some formaldehyde gas.

The product will continue to be available to stylists, not do-it-yourself consumers. Treatments consume around 90 minutes and cost approximately $300. The crux of the defective product allegation (with which the U.S. Food and Drug Administration agreed) is that Brazilian Blowout was mislabeled as "formaldehyde-free." The FDA will continue to investigate the product to be sure it is safe to use in properly ventilated settings.

Have you used this product? Were your results satisfactory?

Source: The New York Times, "Maker of a Hair-Straightening Product Settles Lawsuit," Andrew Martin, March 5, 2012

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