FOR THE COUNTY OF LOS ANGELES
IF YOU PURCHASED BRAZILIAN BLOWOUT SOLUTION OR BRAZILIAN BLOWOUT ACAI PROFESSIONAL SMOOTHING SOLUTION OR RECEIVED A TREATMENT USING THOSE PRODUCTS, YOU MAY BE ENTITLED TO CASH AND OTHER BENEFITS UNDER A CLASS ACTION SETTLEMENT.
THIS NOTICE IS TO INFORM YOU OF A PROPOSED CLASS ACTION SETTLEMENT THAT MAY AFFECT YOUR RIGHTS.
This is not a solicitation from a lawyer.
- A Proposed Settlement has been reached in class actions pending in the Los Angeles County Superior Court in a proceeding entitled In re GIB LLC Cases, JCCP No. 4657 and in the United States District Court for the Central District of California, in a case entitled In Re Brazilian Blowout Litigation, Case No. CV 10-08452 JFW (MANx).
- The Proposed Settlement is with GIB, LLC ("GIB"), Devin Semler and Britney Huinker ("Defendants"). The class actions claim that Defendants' hair smoothing - products known as Brazilian Blowout Solution and Brazilian Blowout Acai Professional Smoothing Solution (hereinafter referred to as "Brazilian Blowout Products") contain formaldehyde and other harsh chemicals, which Defendants failed to disclose and affirmatively represented as "formaldehyde free," "contain[s] no formaldehyde," and "contain[s] no harsh chemicals," and as being "100% salon safe."
- You may be covered by the Proposed Settlement if (1) you a person in the United States who purchased Brazilian Blowout Products directly from GIB, LLC or one of its authorized distributors on or before June 6, 2012 ("Stylist" Class member), or (2) you are a person in the United States who underwent a treatment using Brazilian Blowout Products on or before June 6, 2012 ("Consumer" Class member).
- The Proposed Settlement provides, among other things, for the creation of a Gross Settlement Fund in the amount of $4,225,000, and the distribution of payments from the Settlement Fund to Class members who submit Valid Claims for monetary settlement payments. Any Stylist who submits a valid Stylist Reimbursement Claim Form by the Claim Deadline is eligible to claim $75.00 for each purchase of Brazilian Blowout Products. Any Consumer who submits a valid Consumer Claim Form by the Claim Deadline is eligible to claim $35.00 for each Brazilian Blowout treatment received wherein the Products were used, up to a Claim maximum of three treatments or $105.00. Any Class member (whether Stylist or Consumer) who submits a valid Medical Reimbursement Claim Form by the Claim Deadline and includes records that reasonably demonstrate medical expenses incurred as a result of experiencing any transitory Qualifying Symptom (defined in paragraph 1.21 of the Settlement and in the Medical Reimbursement Claim Form) lasting no more than 10 days from exposure to Defendants' Brazilian Blowout Products is eligible to claim reimbursement of such medical expenses up to a maximum of $2,000.00. The Claim Deadline to submit all Claim Forms is September 23, 2013. If there are insufficient funds in the Settlement Fund to pay all valid Claims, the Settlement Administrator is instructed to pay all valid Medical Reimbursement Claims first, and then pay valid Stylist and Consumer Claims on a proportional, reduced pro rata basis. If excess funds remain in the Settlement Fund after all valid Claims are submitted and all valid Medical Reimbursements Claims are paid, the Settlement Administrator is instructed to pay valid Stylist and Consumer Claims on a proportional, increased pro rata basis. Plaintiffs' counsel will apply, subject to Court Approval, for payment from the Settlement Fund of attorneys' fees incurred on behalf of the Class in an amount not to exceed $1,630,000.00, litigation expenses not to exceed $235,000.00, and service awards not to exceed $2,000.00 to each of the 14 named Plaintiffs (or a total of $28,000.00).
- Your legal rights are affected whether you act or don't act. Please read the Notice carefully.
- If you are a stylist or salon owner, you may share the notice with customers or anyone you may know who may have received a treatment using Brazilian Blowout Products on or before June 6, 2012.
- Your options and the deadlines to exercise them are explained in the Notice.
- The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement and after appeals are resolved. Please be patient.
- Preliminary Approval Order (PDF: 1.4 MB)
- Settlement Agreement (PDF: 13.4 MB)
- Full Class Notice (PDF: 144.2 KB)
- Publication Notice (PDF: 15.1 KB)
- Medical Reimbursement Claim Form (PDF: 37 KB)
- Stylist Claim Form (PDF: 51.2 KB)
- Consumer Claim Form (PDF: 34.3 KB)
- Final Approval Order and Judgment (PDF: 295.1 KB)
- September 23, 2013
Exclude yourself from the Class.
You must mail your exclusion request so that it is postmarked no later than September 23, 2013.
- September 23, 2013
Objections to the Settlement.
You must mail your objections to the settlement so that it/they are postmarked no later than September 23, 2013.
- September 23, 2013
Claim Form Deadline
You must submit your Claim Form(s) on-line on or before September 23, 2013, or mail your completed paper Claim Form(s) postmarked no later than September 23, 2013.
- October 24, 2013
The Hearing is scheduled for October 24, 2013. Please check this website for updates.