23 24 25 26 27 28 KAMALA D. HARRIS Attorney General of California DENNIS A. RAGEN, Deputy Attorney General State Bar No. 106468 CLaUpIA PoLsky Deputy Attorney General State Bar No. 185505 1515 Clay Street, 20th Floor P.O. Box 70550 Oakland, CA 94612-0550 ‘Telephone: (510) 622-2149 Fax: (510) 622-2270 -mail: Claudia Polsky@doj.ca.gov Attorneys for the People of the State of California ge . gig SUPERIOR COURT OF THE STATE OF CALIFORNIA g 8g COUNTY OF ALAMEDA 5 =< PEOPLE OF THE STATE OF Case No. RG 10-545880 CALIFORNIA, [PROPOSED] PRELIMINARY Plaintiff, | INJUNCTION v. (Health & Saf. Code § 25249.5, § 111791, '§41712; Bus. & Prof. Code § 17200, § 17500, § 17508, § 17538) GIB, LLC, dba “BRAZILIAN BLOWOUT,” and DOES 1-20, Defendants. The motion for a Preliminary Injunction made by the People of the State of Calfornia, as duly noticed by counsel, came before the Court, the Honorable Steven A. Brick presiding, on , 2011, at 3:00 p.m. in Department 17. appeared for Plaintiff, the | People of the State of California (People) and appeared for Defendant, GIB, Inc. (Defendant). ‘The Court, having read and considered the motion, memorandum of points and authorities, the declarations and exhibits thereto, the First Amended Complaint, and all other evidence presented, and hearing the arguments of counsel, finds: 1 [PROPOSED] Preliminary Injunction (RG10545880) Prepared on reeycled paper12 13 14 15 16 7 18 19 20 ai 2 23 24 25 26 7 28 1. tis reasonable and probable that the People will prevail on the merits at trial; 2. Defendant has engaged in, is engaging in, and is about to engage in acts, omissions and practices that violate Proposition 65 (Health & Saf. Code § 25249.5 et seq.); the Unfair ‘Competition Law (Bus. & Prof. Code §§ 17200, 17500, & 17538); the California Safe Cosmetics Act of 2005 (Health and Safety Code §§ 111791-111820); and applicable limits on Volatile Organic Compounds in hair styling products. (Health & Sef. Code § 41712 and Cal. Code Regs., tit. 17, §§ 94507-94517.) 3. The harm to the People significantly outweighs any harm to Defendant, because the People have sought only to enjoin violations of law, and enjoining such violations is not likely to harm any of Defendant's lawful operations. Based on the foregoing findings, IT IS HEREBY ORDERED that Defendant and its officers, agents, employees, representatives and all persons acting in concert, or participating with them or at the direction of any of them, are restrained and enjoined from engaging or performing directly or indirectly, any and all of the following acts and omissions: Violating Health and Safety Code section 24249.6 and Business and Professions Code sections 17200 et seq. and/or 17500 by selling Acai Professional Smoothing Solution, Brazilian Blowout Smoothing Solution, or any chemically similar product (the Product), without first providing the warnings in the following manner: (@) Defendant shall provide a Material Safety Data Sheet (MSDS) to each purchaser or recipient of the product, which shall contain text, in conspicuous and clearly legible type, that states: Warning: Use of this product will expose you to formaldehyde (gas), a chemical known to the State of California to cause cancer. (b) Defendant shall post a link to this MSDS in a conspicuous place on the public (not password-protected) portion of its website. uw uw [PROPOSED] Preliminary Injunction (RG10S45880) Prepared on reeycled paper10 i 12 13 “4 15 16 17 18 19 20 2 23 24 25 26 27 28 (©) Defendant shall provide warnings to any customers who purchased the Product between May 1, 2010 and the date of this Order (and who therefore are likely to have stock on hand that will lead to future exposures), by mailing to such customers: (i) a copy of the MSDS described above, and (ii) a cover page that states, in 14 point type: ‘The enclosed MSDS contains a warning that Acai Professional Smoothing Solution and Brazilian Blowout Professional Smoothing Solution will expose salon workers to Formaldehyde (gas), which is a chemical known to the State to cause cancer. 2. Violating Health and Safety Code section 24249.6 and Business and Professions Code sections 17200 et seq. and 17500, by advertising or otherwise promoting the Product using the statements “Formaldehyde Free,” “Contains No Formaldehyde,” “Contains No Harsh Chemicals,” “Hyde Free,” or any similar statements that misleadingly suggest that the Product does not cause exposures to formaldehyde. 3. Violating Health and Safety Code section 24249.6, and Business and Professions Code sections 17200 et seq. and 17500, by making statements on its website, in its MSDS, or elsewhere, suggesting: (@) that the product exposes users to only trace amounts of formaldehyde; or (b) that the Product causes exposures to stylists and salon workers at levels that do not require a warning under Health and Safety Code section 24249.6. 4. Violating Business and Professions Code section 17200 et seq. and 17500 by claiming that the Product does not cause acute health effects. 5. Violating Health and Safety Code §§ 111791-111820 by continuing to sell the product without first having submitted required product ingredient information to the state Department of Public Health. 6. Violating California Code of Regulations, title 17, sections 94507-94517, (promulgated pursuant to Health & Saf. Code § 41712), by selling the Product without first submitting to the Attorney General, the California Air Resources Board, and this Court an 3 [PROPOSED] Preliminary Injunction (RG10545880) ‘Prepared on reeycled paper10 u 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 a7 28 analysis prepared by a certified laboratory, in conformance with the regulations of the Air Resources Board, showing that the levels of volatile orgenic compounds in the product do not exceed 2% by weight, as set forth in Cal. Code Regs,, title 17, section 94509, subdivision (a. 7. Violating Business and Professions Code section 17538(d) by maintaining a “no refuund” policy that is not clearly disclosed to purchasers prior to acceptance of product payment, 8. Invoking any renaming, repackaging, or other re-characterization of its formaldehyde-containing hair smoothing product to evade the foregoing requirements. IT IS SO ORDERED. Dated: ee Judge of the Superior Court [PROPOSED] Preliminary Injunction (RG10545880) Prepared on recycled paper