In re Brazilian Blowout Litigation
Court: United States District Court for the Central District of California
Case No.: 10-cv-8452 JFW (MANx)
Wexler Wallace LLP is representing the plaintiffs in this certified nationwide class action against GIB, LLC (“GIB”) pending in the Central District of California. Wexler Wallace represents individuals who purchased Brazilian Blowout Solution or Brazilian Blowout Acai Professional Smoothing Solution that was advertised as containing “no harsh chemicals” and “formaldehyde-free.” Testing has shown that this claim is false and Plaintiffs contend they were mislead into believing the product was formaldehyde-free.
Brazilian Blowout Solution is a hair straightening and smoothing product that is advertised, marketed, and sold by GIB to hair stylists, salons and others around the country. According to its website, the product improves the condition of hair by creating a protective protein layer around the hair shaft to eliminate frizz and smooth the cuticle. The in-salon treatment usually costs $250 and up.
As the treatment grew in popularity, stylists and clients reported ill effects, including headaches, nosebleeds, burning eyes and respiratory problems. GIB does not provide a list of the ingredients in the Brazilian Blowout solution on its containers, product packaging, or website. Furthermore, the material safety data sheet for the solution lists no hazardous ingredients or impurities and does not identify any respiratory hazards or related precautions.
Lab tests conducted by the Oregon Safety and Health Division (“OSHA”) confirmed that the solution contains formaldehyde at unacceptable levels. Furthermore, Plaintiffs have arranged to have the product independently tested and the results confirmed that the product contained up to 13% formaldehyde. GIB responded with statements on its website reaffirming its position that the product did not contain formaldehyde. GIB later retracted its statement and then stated that the product did contain the chemical, but in trace amounts that it considered safe for use.
GIB has not warned consumers, nor has it instructed them to take preventative measures against formaldehyde exposure. Plaintiffs bring this action in response to GIB’s unlawful, unfair or fraudulent business acts or practices, untrue and misleading advertising and other violations of law described in the Complaint.
To learn more about the case and view the most recent Complaint, click here.
The Court granted final approval of the following nationwide class: “All persons and entities within the United States who purchased Brazilian Blowout Solution or Brazilian Blowout Acai Professional Smoothing Solution.” More about the settlement can be found at www.brazilianblowoutsettlement.com.