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Brazilian Blowout, the manufacturer behind those ever-popular hair straightening products, settled a class action lawsuit on Monday for about $4.5 million, reports the Times’ Andrew Martin. Consumers harmed by the product will receive a $35 check for each treatment (up to three) and $75 for each bottle of the product they purchased.
The days of marketing the product as “formaldehyde free” are also over, says Martin. In late January, the company agreed to warn consumers that its products may emit formaldehyde gas in a settlement requiring honest advertising over its products, according to California Attorney General Kamala D. Harris.
As of that settlement, the company must affix “CAUTION” stickers to its bottles to inform stylists of the need for precautionary measures, report the presence of formaldehyde in its products to the Safe Cosmetics Program at the Dept. of Public Health and fully disclose its refund policies to consumers before the products are purchased.
Michael Brady, Brazilian Blowout’s chief executive, told Martin the company “just wants people to treat it like they do aspirin—make sure you only use it as directed.”
We doubt California’s Attorney General would agree, and it seems the US Food and Drug Administration might not either: Citing Brazilian Blowout’s product as an “adulterated” and “misbranded” cosmetic in a warning letter sent to Brady last August, the FDA called Brady out for “failing to include information about the release of formaldehyde into the air during the heating process on the product’s label.”
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