12. TOXINS:
House Dems urge FDA to recall Brazilian Blowout hair product
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A group of House Democrats has called on the Food and Drug Administration to issue a voluntary recall of the controversial Brazilian Blowout hair product, which has been linked to respiratory problems in salon workers.
Illinois Rep. Jan Schakowsky (D) and nine other Democrats wrote a letter to FDA Commissioner Margaret Hamburg on Friday urging her to "take immediate action to protect workers and consumers."
Brazilian Blowout is a popular hair straightening solution made by GIB LLC. It has come under fire because testing has shown it contains elevated levels of formaldehyde, a likely carcinogen. In most cases, Brazilian Blowout bottles are labeled "formaldehyde free."
Salon workers have reported eye irritation, nose bleeds and breathing problems after using the product.
The Democrats noted that six countries have recalled formaldehyde-based hair straighteners.
"However, the FDA has yet to issue a voluntary recall and as a result these dangerous products are still available and used on a daily basis at salons across the country," the Democrats wrote.
In addition to issuing a voluntary recall -- which is the most stringent action FDA may take under federal law -- the Democrats called for additional testing of the Brazilian Blowout solution and other hair straighteners on the market. They also urged FDA to issue warning labels for hair products that contain formaldehyde and to consider a formaldehyde ban in hair products.
Lastly, the members urged FDA to use authority granted by the Food, Drug and Cosmetics Act to take action against GIB LLC for misbranding the Brazilian Blowout product.
The letter comes amid increased scrutiny on the health effects of formaldehyde. The National Academy of Sciences (NAS) reviewed U.S. EPA's risk assessment of the chemical last month and agreed with EPA's conclusion that formaldehyde causes cancer in the nose and upper throat. NAS also backed EPA's finding that formaldehyde exposure can irritate eyes, noses and throats as well as cause respiratory lesions (Greenwire, April 8).
Regulators have stepped up their efforts on the Brazilian Blowout solution. The Occupational Safety and Health Administration issued a "hazard alert" about the product last month, noting that in most cases salon owners do not know the product poses a health risk (Greenwire, April 13).
And California Attorney General Kamala Harris (D) filed a preliminary injunction against the Brazilian Blowout solution manufacturer last month. Harris asked the state superior court to require GIB LLC to comply with several of the state's environmental statutes that the company, Harris wrote, "continues to flout." Harris said testing revealed that the product contained formaldehyde levels that exceeded state limits "by a factor of more than eight for salon workers" (E&ENews PM, April 8).
Rep. Earl Blumenauer (D-Ore.) asked FDA and the Federal Trade Commission to investigate the product last year after two samples contained between 5 and 10 percent formaldehyde despite being labeled "formaldehyde free" (E&ENews PM, Oct. 6, 2010). FDA responded to that letter in November of last year and said it is investigating the product.
Need for reform?
Schakowsky said the controversy surrounding the Brazilian Blowout solution underscores the need for broader chemical regulatory reform when it comes to consumer products.
"This is a dramatic example of why we urgently need to close the gaping holes in the outdated federal law that allows hazardous chemicals in cosmetics products," Schakowsky said in a statement.
The Illinois Democrat added that she plans to reintroduce her "Safe Cosmetics Act," "which will ensure that cosmetics do not contain harmful ingredients."
The legislation would come as a companion of sorts to efforts to reform the Toxic Substances Control Act of 1976, which exempts cosmetics. The version of the cosmetics measure Schakowsky and Rep. Edward Markey (D-Mass.) introduced last year would have empowered FDA to require the collection and disclosure of safety information about chemicals in consumer products such as lipstick and body wash (E&E Daily, July 21, 2010).
Federal law allows FDA to take action against misbranded products, but the agency does not approve labels before they go on the market and lacks the authority to issue a mandatory recall.