Three Democratic lawmakers today will ask the Food and Drug Administration why there has been a "lack of progress" in addressing health concerns surrounding the controversial salon hair straightener Brazilian Blowout.

The lawmakers -- Reps. Ed Markey of Massachusetts, Jan Schakowsky of Illinois and Earl Blumenauer of Oregon -- will send a letter to FDA Commissioner Margaret Hamburg today questioning why the hair straightener, which releases toxic formaldehyde when heated, is still on salon shelves and its manufacturer, GIB LLC, continues to come out with new, similar products.

"GIB LLC has refused to reformulate Brazilian Blowout Acai Professional Smoothing Solution to eliminate or reduce risks of formaldehyde in the product," the lawmakers wrote in the letter provided to E&E Daily. "In fact, the same month that FDA issued its warning letter, the company sent letters to salons reaffirming the safety of its product and offering a new loyalty program."

The lawmakers, as well as many public health advocates, have been concerned about Brazilian Blowout for some time. The solution, which is used to straighten naturally curly hair, contains methylene glycol, which is believed to release formaldehyde when heated.

Testing by FDA and Oregon's Occupational Safety and Health Division found formaldehyde levels approaching 10 percent after salon workers reported eye and respiratory problems including bloody noses after using the product. The level far exceeds federal limits.

In August 2011, FDA sent a warning letter to GIB saying that the product was misbranded because it was labeled "formaldehyde free" and therefore violated the law. The following month, the federal Occupational Safety and Health Administration issued a "hazard alert" on the product in an attempt to warn salon workers (Greenwire, Sept. 26, 2011).

And in July, more than a dozen salon workers descended on Washington, D.C., to call on lawmakers to ban the product (E&E Daily, July 26).

GIB has maintained its product is safe, but the company has agreed to change its labeling and settled a class-action lawsuit for $4.5 million in March (Greenwire, March 6).

But the solution continues to be used, the lawmakers said, and FDA has not publicly taken any additional enforcement action. The Democrats have repeatedly called for FDA to take more action, dating back to May 2011 when they urged FDA to issue a voluntary recall, the most stringent action it can take (E&E Daily, May 11, 2011).

"The FDA's inaction on this matter is putting the health of thousands of salon workers and consumers at risk of dangerous formaldehyde exposure," they wrote. "FDA has an obligation to protect the public health by using its legal authority to ensure cosmetic products such as Brazilian Blowout Acai Professional Smoothing Solution that are clearly adulterated or misbranded are removed from the market."