Hair-raising claims lead to shampoo ban

FDA Consumer, June, 1995 by Tamar Nordenberg

Under Judge Pettine's ruling, Kasz was ordered to:

* stop selling Solutions 109 or similar products with hair growth claims * notify all customers and distributors by letter that Solutions 109 could no longer be marketed because they were unapproved new drugs and misbranded drugs * refrain from marketing any hair or scalp treatments using the Solutions 109 logo, the color or shape of the Solutions 109 bottle, or the Solutions 109 graphic design.

As a follow-up, FDA investigator Diane Reitz, of the East Providence resident post, inspected Kasz Enterprises on Jan. 26, 1995. According to Reitz, Kasz continues to market haircare products, but is apparently complying with the court's order. Kasz's new "Herbal Whiz Scalp Cleanser" and "Herbal Whiz Shampoo" are packaged in bottles that look substantially different from the Solutions 109 bottles. The FDA investigator found no use of drug claims to promote the products. The Herbal Whiz bottle labels say: "the scientific miracle in a bottle," a claim that FDA regards as mere "puffery."