Board fines ‘academy’ owner for running an unlicensed cosmetology school

A central Iowa woman who argued that she had a First Amendment right to operate an unlicensed cosmetology school has been fined and sanctioned by the state.

On Nov. 7, 2018, Tuyen Thi Xuan “Tammy” Johnson, who operates the Iowa Brow Lash Academy & Spa in Waukee, received an Iowa cosmetologist license.

In October 2021, the Iowa Board of Barbering and Cosmetology received a complaint that Johnson was operating an unlicensed school of cosmetology and teaching unlicensed individuals to perform eyelash and hair extensions. The complainant also alleged that the Johnson was teaching licensed individuals illegal services related to fillers and injections.

In February 2025, almost three and half years after the complaint was filed, the board charged Johnson with one count of operating an unlicensed school of cosmetology arts and sciences; one count of knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession, and nine counts of accepting a fee by fraud or misrepresentation.

According to the board, Johnson had described her business as a “training academy” in text messages to others and offered courses in microblading for fees of more than $2,000.

The board also alleged the website for the Iowa Brow Lash Academy & Spa stated the business had been “approved” by the Iowa Department of Public Health to provide “accredited hours” of instruction, stating, “We are IDPH-approved with accredited hours for estheticians and cosmetologists.”  The site also is alleged to have listed several classes and courses offering training in curling eyelashes, applying eyelash extensions, operating an eyelash-extension business, microblading, brow lamination, cosmetic tattoos, scalp micropigmentation, and threading and waxing.

According to the board, the website also featured pictures showing Johnson teaching classes and demonstrating techniques on both live models and mannequins.

Last fall, for reasons the board has not publicly explained, the board withdrew the nine charges against Johnson alleging the acceptance of a fee by fraud, which led to a board hearing on the two remaining charges of running an unlicensed school of cosmetology and making misleading or deceptive representations.

At her hearing, Johnson argued she was merely providing “professional development” for students, not offering continuing education courses, and that she had a First Amendment right to “teach in exchange for compensation.”

In its recent decision finding Johnson had violated state regulations, the board noted that there is no dispute that she has no license to operate a school of cosmetology, and said the issue was whether her self-described “academy” functioned as a “school” as defined by Iowa law.

The board observed that Johnson openly referred to herself as a “trainer” and charged fees for her courses ranging from $799 each to several thousand dollars, and concluded there was “overwhelming evidence” her Iowa Brow Lash Academy & Spa operated as a school.

As for the allegation of making misleading statements, the board found Johnson had “inaccurately stated on her website in three different locations that her courses were “IDPH approved” and that she “knew her representations were false.”

With regard to Johnson’s claim that she had a First Amendment right to teach individuals and advertise on her website, the board concluded that argument had no merit. The U.S. Supreme Court has held that there is no protection for commercial speech that is inaccurate or misleading, the board stated.

“The government may ban forms of communication more likely to deceive the public than to inform it,” the board stated in its decision. “There is no First Amendment concern because (Johnson’s) speech is fraudulent commercial speech.”

As part of its decision, the board fined Johnson $2,000 and also ordered her to immediately remove from her website any references to the Iowa Department of Public Health, accredited hours, courses, training and classes. In addition, the board suspended for one year Johnson’s establishment license and placed on probation for one year Johnson’s license to practice cosmetology.

Johnson said Tuesday she feels the board’s actions are unjustified.

“I think it’s ridiculous, because nowadays people are doing apprenticeships without being licensed,” she said. “I feel like I can show people how I do things and I can show other artists what I use, and I can show them my skills since I have been doing this for so long. They can watch me and, like, you know, practice on mannequins.”