27. CHEMICALS:

Brazilian Blowout maker settles in class-action suit

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The manufacturer of the hair-straightening product Brazilian Blowout said it would settle a class-action lawsuit over the product's safety for about $4.5 million.

The product has been the subject of several government inquiries and health complaints.

Consumers who say they were harmed by the product would receive $35 payments for up to three treatments, according to Elizabeth Pritzker, a lawyer for the plaintiffs. She said stylists would receive $75 for each bottle of the product they bought.

As part of the agreement, Pritzker said, the makers of Brazilian Blowout cannot say their product is formaldehyde-free, and the company must provide more detailed information on the product's safe use.

Michael Brady, Brazilian Blowout's CEO, said the proposed settlement would end an unpleasant time for his company. "We get to sell the product forever without reformulation," he said. "In my eyes, that's the acquittal we've been waiting for."

The settlement still must be approved by Judge Elihu Berle of Los Angeles Superior Court. It comes after an earlier settlement with the California attorney general's office, where the company agreed to pay $600,000 in fees and penalties -- and to caution users that its product emits formaldehyde gas (Greenwire, Jan. 31).

The Food and Drug Administration had sent a warning letter to Brazilian Blowout last year because it contained formaldehyde -- despite being labeled formaldehyde-free (Andrew Martin, New York Times, March 5). -- WW