September 22, 2011Mr. Michael Brady
Dear Mr. Brady,
The purpose of this letter is to alert you to an issue that has been brought to the attention of the Occupational Safety and Health Administration (OSHA). OSHA has become aware of your August 24, 2011, letter sent to salon owners. The letter states, and your website implies, that "all OSHA and independent air-quality tests conducted on the Brazilian Blowout Professional Smoothing Solution, as well as all others in this category, have yielded results well-below even the most stringent of OSHA standards (AL, PEL, STEL)." Please be advised that we disagree with this statement.
Earlier this year, an OSHA inspection at a salon found that workers using Brazilian Blowout Acai Professional Smoothing Solution were exposed to formaldehyde levels that exceeded OSHA's 15-minute short term exposure limit (STEL) of 2 ppm. A citation was issued to the employer after OSHA inspectors conducted air sampling. This is only one example, but there are other instances where OSHA investigations have found exposures to formaldehyde exceeding legal limits in workplaces applying professional hair smoothing solutions. Further, OSHA's laboratory performed analysis of bulk samples of your product, which revealed significant levels of methylene glycol (known to release formaldehyde) to be present. Pursuant to 29 CFR 1910.1048, the agency requires manufactures of products that contain or potentially release formaldehyde to include information about the chemical and its hazards on the label and in the material safety data sheets. Hazards associated with formaldehyde must be listed if it is present in the product at 0.1% or more (as a gas or in solution) or if the product releases formaldehyde into the air above 0.1 parts per million.
It is improper to provide misleading information or make misrepresentations regarding OSHA, or to use the agency's name to promote a private enterprise, product, or service. When such use comes to our attention, we insist that any and all implied or stated references to OSHA are discontinued immediately. Therefore, we request that you take the following corrective action:
Attached please find OSHA's hazard alert on hair smoothing products that could release formaldehyde. Thank you for your attention to this very important matter.
Frank Meilinger, Director
Office of Communication
cc: Britney Huinker, Co-Founder Brazilian Blowout
Ken Atba, Regional Administrator, OSHA Region IX
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