Los Angeles Superior Court Judge Elihu M. Berle said that he would approve a $4.3 million settlement in connection with a consumer class action complaint which alleged that GIB LLC failed to disclose that its Brazilian Blowout products emit formaldehyde gas and misrepresenting that they were formaldehyde-free.
Judge Berle told attorneys for the parties that he was “pleased there have been some adjustments” to a previous deal he was reluctant to approve and indicated that he would approve the settlement if “everything is in order” for a hearing scheduled for June 5.
Pursuant to the original agreement that was proposed in March 2012, GIB’s insurer funded all of the settlement. The relief for plaintiffs included in the settlement did not change. Consumers will receive a $35 payment for each Brazilian Blowout treatment, up to three total, and hair stylists will receive $75 for each bottle of the product they purchased.
“I believe we have addressed the very important concerns that your honor indicated” at prior hearings related to the settlement, plaintiffs’ attorney Elizabeth Pritzker said. “I think this is a good settlement for class members.”
The Brazilian Blowout products use amino acids and methylene glycol to straighten frizzy hair; when heated, they emit formaldehyde gas. In 2011, the U.S. Food and Drug Administration (FDA) issued a warning letter to GIB for mislabeling them as formaldehyde-free.