The law suit, which has been filed by Dallas-based law firm Barron & Budd, is a class action suit that claims consumers who bought the product purchased it in the belief that it was formeldahyde-free.
Back at the beginning of October Health Canada said it had received numerous reports of burning eyes, nose, and throat, breathing difficulties, and even one report of hair loss associated with the use of the product.
The government-backed health group said it believed the reactions were caused by the irritant becoming aerosolized during the blow drying and flat ironing stages of the treatment.
The health department, based in Ontario, announced it had conducted tests of its own, finding the solution to contain 12 percent formaldehyde, in comparison to the maximum 0.2 percent permitted in cosmetics when used as a preservative.
Following the action in Canada, April Strauss says it is focusing its case on the fact that the product is marketed on the basis that it is formeldahyde-free, a factor that has meant the treatment has been picked up by hair salons specializing in natural and organic hair treatments.
Strauss believes that because of these marketing claims and the subsequent findings by Health Canada, both consumers and hair stylists have been unknowingly exposed to levels of formeldahyde that exceed recommended limits.
“Consumers, stylists, and salon owners have been misled about the safety of Brazilian Blowouts,” said Laura Baughman, a shareholder at Barron & Budd.
“Our concern is that the formaldehyde in this product causes not only a myriad of short-term health problems, including skin irritation and breathing problems, but also that thousands of people are unknowingly exposing themselves to high levels of formaldehyde – a known carcinogen.”
Following on from the allegations made in the beginning of October, Cadiveu USA stated that before it entered into its distribution agreement with Cadiveu Brazil, it was assured that Cadiveu’s chemists were not relying on formaldehyde in their formulas.
To confirm this, the company claimed it hired an independent lab to test the products thoroughly.
They say the test results confirmed the formula did not contain formaldehyde as a functional ingredient in the hair smoothing process, according to Cadiveu, and as a result it was happy to offer what it feels is a safe product.
In light of recent attention Cadiveu has also placed a call to action on the industry to update testing standards to provide accurate information and safety for customers, calling standardized tests for formaldehyde ‘inaccurate’.
The hair care company has also suggested that government agencies upgrade their testing and apply a standardization to the testing methodology so that well-tested safety requirements established by the OSHA and other regulators can be appropriately applied to all companies across the industry.