The California company that makes the hair smoothing treatment known as Brazilian Blowout is getting into a legal tangle in Oregon.
GIB, which makes the hair solution, has filed a lawsuit against Oregon’s Occupational Safety and Health Division, demanding that it stop stating that the product contains unsafe levels of formaldehyde.
The company claims that OSHA’s findings about the product are based on misleading test results, and that the agency’s statements have caused irreparable damage to the business. The lawsuit claims the test results mischaracterized methylene glycol, a liquid formed when formaldehyde reacts with water, as formaldehyde.
“Oregon OSHA has inaccurately declared that these are ‘synonyms’ even though these two substances have very different chemical compositions and belong to different chemical families,” Mike Brady, chief executive of Brazilian Blowout, said in a news release.
OSHA officials told The Oregonian they cannot comment on the litigation. Last week the American Chemistry Council stood by the agency’s testing methods, saying that Oregon officials had followed federal OSHA’s definition of formaldehyde, which includes “formaldehyde gas, its solutions and materials that release formaldehyde.”
In October, OSHA investigators said that extensive testing of 105 samples of hair smoothers from 54 salons had found significant levels of formaldehyde. The 56 Brazilian Blowout samples tested had the highest readings of the chemical — even though 37 of those samples were labeled “formaldehyde free.”
According to The Oregonian, a Portland hairstylist who had concerns about the product prompted the investigation by Oregon OSHA, which regulates workplace safety.
GIB also is ensnarled in battles with officials in California and Canada. Last month, the California attorney general’s office sued the company, claiming it sought an unfair business advantage by promoting its product as formaldehyde-free, and that it violated Proposition 65, which requires manufacturers to warn consumers about potential carcinogens in their products.
Canada’s national health agency banned the sale of Brazilian Blowout last week, along with other hair straighteners found to have levels of formaldehyde above the legal limit.
Formaldehyde is a common ingredient in consumer products and building materials. However, when airborne it can cause short-term effects such as eye and throat irritation, and it is believed by authorities to raise the risk of cancer when inhaled.
Lawsuit by California Attorney General Blasts Brazilian Blowout Salon Treatment


