In August, Johnson & Johnson announced it was voluntarily removing some chemicals, including formaldehyde, from its products. By 2015, the company promised to get rid of 1,4 dioxane, which is a probable human carcinogen, and several chemicals linked to altered hormones, including phthalates, triclosan and parabens.

Breslawec said the cosmetics industry has petitioned the FDA to strengthen some regulations. The industry recognizes the law needs modernizing in the global marketplace, she said. An overarching goal, however, is to avoid piecemeal state rules.

Stylists seek reform
Hoping to convince federal officials to pay attention to the Brazilian Blowout dangers, Arce and Marino went to Washington, D.C., in July. They took dozens of stories of injured workers to a high-level meeting of federal officials. Arce supports a bill, the Safe Cosmetics Act, backed by environmental and consumer groups and opposed by the personal care product industry. It remains stalled in committee.

Some stylists and consumers have sued GIB, although Arce, Marino, Tanev and Josimov have not.

In a class action suit, 10 plaintiffs in March negotiated a preliminary $4 million settlement with GIB, which includes payments to consumers of $35 an application, with a limit of three, and a $75 reimbursement per bottle to stylists. The plaintiffs estimate that over the years up until December, about 15,700 U.S. stylists had purchased Brazilian Blowout directly from GIB and about 100,000 customers had paid for the treatment. The settlement also proposes to resolve a pending federal class action suit.

After the announcement of the proposed settlement, Michael Brady, Brazilian Blowout’s chief executive officer, was quoted in The New York Times as saying it would be paid by his insurance company and would end an unpleasant episode for his company. “We get to sell the product forever without reformulation,” he was quoted in the Times. “In my eyes, that’s the acquittal we’ve been waiting for.”

Meanwhile, Brazilian Blowout is taking its product on the road with two-hour training sessions to certify stylists in 14 cities in California, Texas and Wisconsin. "Become part of the elite group of stylists who are learning the necessary skills to generate profits with the industry's newest revenue stream,” the company’s website says.

Ironically, battling smog, rather than protecting stylists, may be the way Brazilian Blowout gets banned in California. The state is pursuing a claim that it violates state limits on smog-forming chemicals in consumer products, with a hearing scheduled for next month.

“It's going to be a long, hard haul before anything can happen,” Arce said. “The current laws have created a perfect storm for these companies to continue to get away with it.”

For more information:

Government Guidelines
U.S. Food and Drug Administration
Occupational Health and Safety Administration
California Department of Public Health
California Air Resources Board
Oregon OSHA

Consumer health groups
Black Women for Wellness
Environmental Working Group
National Healthy Nail and Beauty Salon Alliance

Manufacturer Groups
American Chemistry Council
Brazilian Blowout
Cosmetics Design
Personal Care Products Council

3 Comments

1. 1. frankblank 04:56 PM 10/18/12

   The private sector is sacred, holy, sanctified. The evil, satanic government should never interfere in the relationship between a victim and her company. That would merely encourage victimism among individuals.
   
   Given that this religion/ideology controls the US, it then seems logical that it should be legal for the victim to law-abidingly purchase a glock 40 cal, visit the company, and blow the CEO's head off.
   
   Merely an hypothetical for your consideration.

   Reply | Report Abuse | Link to this

2. 2. RegsRock 04:04 PM 10/19/12

   It should shock Americans to hear how little regulation there is over the production and sale of cosmetic products. That the entire burden of proof is on the federal government to prove that certain products are harmful is unacceptable: we need safeguards put in place that require manufacturers to test the safety of their products before they reach the shelves, so consumers and salon workers are not subject to poisonous chemicals. At the very least, the labeling of these products should inform consumers about the risks they take by using them.
   
   When companies are expected to regulate themselves, Americans lose. We need standards in place to make sure that corporations—whether they are financial institutions, oil companies, commercial fishing companies, or food production plants—behave responsibly and do not threaten Americans’ lives.
   
   

   Reply | Report Abuse | Link to this

3. 3. bucketofsquid 05:12 PM 10/22/12

   Until customers begin to retaliate in kind against the executives of these evil companies this is unlikely to change. fortunately none of my immediate family have been attacked in such a greedy sociopathic manner as to need to douse an executive in gasoline and light them up. Then again, it is only a matter of time.
   
   As a side note, be sure to include their pet congress people as well. It helps motivate them to be more honest.

   Reply | Report Abuse | Link to this