March 17, 2005


Leading the way toward safer solutions

New technology looks to save embattled foot spa business

By Kymberli W. Brady
Staff Writer

Although the pedicure-related outbreak that swept through San Jose sent shockwaves through Santa Clara County, it certainly didn’t come as a surprise to some.

A Vietnamese translator described the new technology designed to erradicate bacterial infections from pedicure spas to an audience of salon workers recently.

In fact, there have been several similar outbreaks across the U.S. over the past few years, including New York, Illinois, Virginia, Colorado, Ohio, Texas, and Arizona, along with the highly publicized Watsonville case, and now it’s hit home.

Sources say that another outbreak is picking up steam in Florida.

Still, very little progress has been made to establish what many feel should be a global set of guidelines that if followed, would generate more conformity in an industry that has exploded in numbers in recent years and spiraled out of control.

Yet, how can an industry that has traditionally been so universal, so predictable, so routine become so risky? So painful?

In California, perhaps it has something to do with the fact that 17 inspectors are handed the insurmountable task of policing over 80,000 salons statewide and enforcing state guidelines that some experts say don’t even do enough to prevent future recurrences.

Or perhaps there is so much confusion as to which rules to follow, that many who thought they were in compliance discovered that they were following the wrong set of guidelines all along and are now paying a hefty price in the form of violations, fines, and tarnished reputations that will take years to rebuild.

Then there’s the fallout—the loss of revenue that follows the hysteria that follows every outbreak. It’s happened many times before and will probably happen again.

“It has probably happened in other states too but maybe hasn’t been reported,” admits salon safety expert Nancy King, “Because health departments, even in California have not been required to report mycobacterial infections. They are now, because of what happened in San Jose, required to report this so they can be investigated.”

King has become a well-known expert and educator in salon safety and accepted standards for following the rules in the nail industry. Additionally, she served as a technical advisor to ABC during the Watsonville outbreak and has helped other states, including Colorado and Ohio draft more stringent guidelines.

Whether much of the dilemma can be chalked up to poor oversight, improper education, conflicting guidelines, language barriers, or all the above, the results have been devastating on all sides.

Change is good
One manufacturer has decided to tackle the problem one area at a time by offering free seminars on pedicure safety, with Vietnamese translators ready to bridge the communication gap.

With 50 years of combined experience in the business, Amerispa President Mike Luong and Vice-President Jim Cassteel admit that theirs is one they would like to protect and education, according to Luong should lead the way.

“We feel it’s that important,” Luong says. “We’ve fought that issue for a long time. In California, licensees take a test and get a license, but are then treated like a doctor. With an average seventh grade education, how can they read and understand the label?”

Amerispa, has been a major player in the footspa industry since 1996. Nearly 20,000 of their spas have been purchased worldwide, and approximately 3,500 leave the warehouse every year. It is admittedly a business they would like to protect and they know it is essential that education be available to all salon employees who use their products.

Alex Ninh, National Sales Manager for Amerispa and Ameri-kleen uses standard water bottles to illustrate the proper amount of disinfectant that should be used in the foot spas.

“We felt that not only had it been good to us, we needed to give something back. If we don’t educate people on how to use correct chemicals, whether it’s ours or anyone else’s, this business is going to go away and we all loose,” he said.

“We feel for these people,” Luong admits. “It’s not that they’re not trying, they don’t understand. There are people who flew up here from L.A. because they don’t know. They can’t get the answer from the inspector, who’s not there to educate, but [is there to ] enforce the rules. And who gets stuck in the middle? The consumer:
When District 7 City Council Candidate Linda Han Nguyen heard about the seminars, she immediately got on board to facilitate a way to bring them to the community she hopes to soon represent at City Hall.

“A lot of Vietnamese businesses are there,” she says. “My office is there.”

As a small business owner, Nguyen, a real estate and small business attorney is shocked at the enormity of the ripple effect created by the November Almaden Times story on the pedicure infection outbreak that continues to this day to force small business owners to close their doors and lose their livelihood.

“It’s down so much,” she explains. “I realized that a lot of the people in this community are young salon owners. You see lawsuits occurring, shops are closing—I wanted to do something to help in any way I could to bring this seminar to the community and make it a free event, so that people could come and learn about the laws, health and safety, and disinfecting, so they can go back and feel confident that they’re doing the right thing. That way, they can rest assured that their business is successful—because that’s their livelihood.”

Mixing the proper amount of disinfectant remains a key talking point, especially in a community where labels vary with formulas, and shortcuts to reduce time and money are sometimes taken by salon owners.

The biggest confusion lies in whether to follow state guidelines or comply with manufacturer guidelines on the label. Both differ drastically from each other and according to King, disinfecting solution has little more than a 24-hour window before it loses its efficacy. While The EPA recommends that in order to thoroughly disinfect implements, drills and such, disinfectant should be changed daily, or more, depending on its usage and should always be changed if it turns cloudy or becomes contaminated in any way.

However, state guidelines recommend changing the solution every week, which begs the question, which rules should salons adhere to, especially when the variance is great enough to possibly trigger a violation and fine?
“Follow the label, not the rules,” King says. “Inspectors don’t inspect policy.”

In fact, a closer look at the label states that it is a violation of federal law to mix the solution in any other way other than what is stated on the product label, no matter how different it may be. The one with the higher standard will prevail.

According to Nguyen, Communication among state and federal agencies must improve for there to be more dialogue among state and federal agencies, so that they can make it easier for the consumer and the business owner to know what rules need to be followed. Courses like these are a definite first step. Educating business owners about what the rules and regulations are is of utmost importance.

“I’d be happy to sponsor more events like this to educate people,” she adds. “I’d also like to sponsor other events in the community to help educate and make sure that we continue to understand what the laws are, that we follow them, that businesses remain compliant and successful. This is very important to the community and I hope to sponsor others.”

R & D—The quest for safer products
Realizing that any significant solution will only occur at the legislative level, Luong is currently working with Assemblyman Ye of San Francisco to pass a bill that might someday get everyone back on the same page.
In the three years since the Watsonville outbreak surfaced, Luong continues to be troubled by the growing uncertainty women face when they enter the salon.

Salon safety expert Nancy King

“When you walk into a salon, how do you know whether or not it’s been disinfected?” he asks. “Then you’re going to spend $30 to trust them? Talk to the people in San Jose. Talk to the 11-year-old kid and the 18 year old kid [with the infection]. It’s a horrible story.”

The only acceptable solution, he says must come in the form of a visual which clearly shows whether or not a footspa has been properly disinfected.

Because the success of his business hinges on a successful salon trade, Luong dropped nearly $1 million into research and development, then enlisted seven engineers and two physicians to develop a product using Radio Frequency Identification Device [RFID] technology to create a failsafe spa., with a built-in exact dose dispensing system that initiates the disinfecting process after each customer—with no more guesswork

A breakthrough for consumers
The hidden beauty lies in the union of the RFID chip and programming features that prohibit any tampering with or deviation from its assigned task. Once started, the unit cannot be shut off until the procedure is complete. If someone were to attempt to disconnect or unplug the unit, then reconnect it, the system will automatically reset itself and start the cleaning process all over again. Only after the process is complete will the lighted indicator, located on the front of the machine, change from red to green.

“All you do is push a button,” Luong states. “An automatic dose of our chemical is released into the spa and the cleaning process begins. The amount is configured to the chair and a built-in counter lets you know when to change the unit. It’s also a way to double-check the log.

“With this chair, you can’t cheat and you can’t lie,” he says. “The chemicals in the machine will be monitored and you know to only use machines with a green light.”

He hopes the breakthrough security feature will be his ace in the hole.

“I have a passion for this industry,” he says. “If they die, I die with them.”