A new lawsuit filed in Chicago last week alleges that beauty giant Ulta has been repackaging and reselling used makeup to its unsuspecting customers for years.
Attorney Zimmerman represents Meghan Devries, a Chicago woman who works in the beauty industry. She became suspicious about some of the products she purchased from Ulta. A woman claiming to be a former Ulta employee first brought the allegations to light in early January. Posting under the Twitter handle @fatinamxo, she wrote that whenever a customer returned a product, employees were instructed by Ulta to repackage or reseal the item and put it back on the shelf for sale. This practice, she said, included everything from makeup to hair and skin-care products, fragrances and hair styling tools.
She said that makeup palettes, for example, were cleaned up so that they looked new and returned to the shelf for reselling, unsanitized. She then shared screenshots of other Ulta employees making the same claims. Those tweets were cited in the class action complaint (pdf) Zimmerman filed in Cook County, Ill., last week. The suit also cites the claims of former employees that Ulta has a limit on how many returned items can be thrown away. “Managers will take used products out of a damaged bin, and if they look good enough to resell, they’ll put them back on the shelves and resell them so they don’t exceed their quota,” Zimmerman told ABC7.
He said that some of the products purchased from an Ulta store on North Michigan Avenue in Chicago seemed to have been previously used, including eye shadows missing a brush and face cleansers that were already open. Those products, he said, could have pathogens on them that remain for weeks. “There is E. coli and Klebsiella bacteria, which is commonly found in intestine and expelled with fecal matter,” Zimmerman said. Zimmerman told ABC7 that the goal of his lawsuit is to change the alleged company practice that limits the number of items that can be thrown away, as well as to provide compensation for customers who may have bought used products.
We at The Real Hair Truth were more than happy to endorse the Campaign for Safe Cosmetics on there recent cosmetics safety discussion draft bill. They had 120 organizations endorse the letter. Including The Real Hair Truth and Bravo to them for the well done job they constantly do for the consumers of this country!
Since 2004, the Campaign for Safe Cosmetics has used smarts and sass to pressure the cosmetics industry to make safer products.
The Campaign for Safe Cosmetics coalition, a project of Breast Cancer Prevention Partners (formerly the Breast Cancer Fund), works to protect the health of consumers, workers and the environment through public education and engagement, corporate accountability and sustainability campaigns and legislative advocacy designed to eliminate dangerous chemicals linked to adverse health impacts from cosmetics and personal care products.
The Campaign has educated millions of people about the problem of toxic chemicals in cosmetics, which has led to an increased demand for safer products in the marketplace. Now hundreds of cosmetic companies fully disclose ingredients and avoid the use of cancer-causing chemicals, reproductive toxicants and other unsafe chemicals, demonstrating these practices are not only possible, but profitable. Retailers, too, are becoming part of the solution by requiring the national brands they sell to eliminate chemicals of concern and practice a higher level of ingredient transparency.
There is no doubt that the multi-billion dollar cosmetics industry is safer now than before the Campaign was launched. But there’s still more work to do to get toxic chemicals out of the cosmetics we use each day. Bravo!!!!
Read More about there Bill!
Today I went on an Interview for the “Hell of It”, to a new business in the Orlando area. I am currently employed and have my own business. But from time to time I go out and see what the industry is offering in the industry employment wise that is. Today I went to a new business it is a “Blow Dry Bar”. And my appointment was at 11:30 so I arrived 20 minutes early and the manager took me and started the interview with me. She was very nice and informative, the decor of the salon was beautiful red and grey colors. When I was told to take a seat the salon chair was ready to fall apart. This is where services and clients are seated on. Not a good sign for me, right off the bat.
My interview started off with the familiar questions, “How long have you been in the industry, What are you looking for, Blah Blah. I was informed the salon is open for only one month and there are 12 employee’s in the salon. There are three shifts and the salon opens at 7:00am to closing which is at 9:00pm. The salon offers blow-dry’s, makeup, and keratin treatments. The manager told me we are a “Finishing salon”. No other services are offered. So if you are hired you are expected to clean, clean and fold towels. There is no wages only a cut of you $39.00 blow dry. Which was only $15.00 dollars. HOW DO YOU PAY YOUR BILLS? How? While is was being interviewed there was only one client in the salon. I asked the manager “If there are twelve employee’s in the salon they all need to be built up, client wise. So how can I offer you my loyalty if I am being used to clean, promote and do makeup without any formal wages. So If I go to work and I do nothing, I get nothing. CRAZY.” And then on the flip side of it all. How does a salon employer expect to keep professionals. And of course keep motivated driven people. Theirs no way at it. Its like a candle lite on both ends, sooner or later the business is gone. Crazy.
I went to see their makeup counter and there was hardly anything to work with. And cleanliness was something to be wanted in the salon. They teach you for 3 days how they want the hair styled and there are no other ways to do except their way. So there are only six looks you can leave with. That’s it. No makeup training at all. And a very somber atmosphere in the salon. So if you want to go in debt try this place out. So many professionals in my industry are not paid a minimum wage for their time, the salon owners want free labor. They want to have a love overhead. At the expense of the employee’s. Which is so sad. And so many people come and go in the industry. I have seen so many talented professional leave and get discouraged. In a constant worry of how they can even get gasoline money and food. Basic housing is another story. How can you concentrate on your work if you have no way of paying your basic needs. The industry is famous for it.
A college graduate will get a job and receive a wage, if you walk into Burger King you get a wage, WalMart will give you a wage. Also sick day pay and vacation pay. When will this start in my industry. But in my industry there is still the old Gothic way of paying you. Commission that’s it. This has to be changed.
This can no longer be. This is FREE LABOR.
It seems as though a few plaintiffs in the beauty industry have filled a restraining order against the hair care product manufacturer MONAT. Trisha Whitmire and Emily Flores have filed in the state of Florida a restraining order against MONAT Global Corp in the Courts of South Florida. Monat sells its products using a direct sales model, under which it engages a number of independent sales representatives, referred to as “Market Partners,” to market and distribute its products. The two individuals claim that MONAT Global Corp have been harassing, threatening, and intimidating the potential class members in multiple ways. Interesting, I may say. Whenever MONAT becomes aware of criticism of its hair care products, the defendant quickly moves to silence it all. REALLY. Read More My Friends. Interesting situation.
A bill to overhaul training standards for cosmetologists was lying dormant until it suddenly gained momentum this month, passing out of a House committee. Now opponents are scrambling to rally against the bill, saying it waters down the license. But supporters argue that this bill is needed to help the state’s salon industry thrive. “So if I don’t want the bleach to touch this part of the hair I’m gonna use the foil to block it.” Katie Groezinger is meticulous, as she lays one narrow strip of foil after another onto her client’s hair. She’s standing next to her salon chair at The Spa School in Worthington. Groezinger, a cosmetology student, then grabs a small brush and begins to add another layer of color to a different strip of hair. “We’re making her regrowth a little darker,” said Groezinger. She’s doing what’s known as a balayage. It’s a new, trendy technique that darkens a person’s hair starting at the roots and gradually works its way down, transitioning to a different color, in this case a lighter blonde. “Brightening it back up for spring.”
Groezinger is 300 hours away from earning an advanced cosmetology license, a license that would be eliminated if a bill that’s sitting in the Ohio House were to pass. “I will put our 1,500 and 1,800 hour education up against anybody in the United States, we teach complete cosmetology,” said Sue Carter Moore, president emeritus of the Salon Schools Group, which provides training for cosmetologists. “And to reduce that for self-serving salon owners and national chains who wish to have fast graduates is absolutely wrong,” she said. The proposed change to cosmetology standards in Ohio is comprehensive. Along with reducing instruction hours and getting rid of the advanced cosmetology license, it eliminates the natural hairstyling license and other advanced licenses dealing with nail and skin care. Because the bill deals with so much, there are several voices sounding off for and against the measure. But perhaps the most heated debate is between two groups; Carter Moore and her association of private cosmetology schools versus salons. Elizabeth Murch represents the Ohio Salon Association, which firmly supports the bill. She says these changes are crucial to keep up with a growing need for cosmetologists. “The main crisis isn’t moving to 1,000 hours the main crisis is that schools are closing; the Dayton area has been hit significantly with school closures which then provides difficulty for any salon to find qualified individuals to work,” Murch said.
She says this is the standard that’s already in place for anyone getting a cosmetology license from a public vocational and career tech schools. Murch argues that 1,000 hours is an adequate amount of time to teach students about safety and sanitation measures, which she says are the only thing the state should be regulating. “The standard cannot be unfair and we should be legislating safety and sanitary practices entering this profession. We cannot legislate a good haircut,” said Murch. “I’m personally offended,” Carter Moore replied. Carter Moore with the Salon Schools Group says that’s dramatically underselling the value of cosmetology education. “This business is constantly evolving with different products new techniques and new chemicals that we’re working with,” Carter Moore added. As Murch points out, EMTs, police officers, nurses, and tattoo artists are all required to participate in significantly less instruction.
She adds that people can get extra education on the salon floor as employees rather than students at expensive private school that can take a long time to pay off. “Most of that 500 hours is made up on the clinic floor where the students are providing services not being paid but they are providing services and the school is making money,” said Murch. Carter Moore says students get real first-hand experience at a school rather than being relegated to assistants in salons. She adds that the advanced licenses give students the confidence to go straight to starting their own business without signing contracts with salons. So, as Carter Moore puts it, this bill can help salons reduce competition. “When you have people go into a salon loft as an independent contractor it certainly does dry up the pool of available employees for the chain salons and I’m going ‘gee’ maybe that’s what’s behind this legislation,” Carter Moore said.
Murch says there’s nothing stopping the cosmetology schools from still teaching a 1,500-hour course. Carter Moore says they can do that but students will still only walk away with a state license that says they completed 1,000 hours of instruction. Back at The Spa School, Groezinger doesn’t regret the 1500 hours of instruction she’s received, saying it’s a craft that needs to be honed. “I don’t think 1,000 hours is enough for anyone to be professional at what they’re doing I don’t think a doctor would be like ‘hey you got 1,000 hours of anatomy you can go cut someone open.”
The bill also allows the state to recognize a cosmetology license from any state that requires 1,000 instruction hours or more. But, as Carter Moore points out, if lawmakers approve the changes then an Ohio license won’t qualify in other states with higher standards, including every state that borders Ohio. The bill has passed a House committee and now awaits a vote in the full House chamber before moving to the Senate.
A new class action lawsuit alleges that Monat Global Corp. promotes its hair-care products as being able to help growth, but consumers say they actually lost hair and experienced irritation after using the products.
Lead plaintiffs, Trisha Whitmire and Emily Yanes de Flores, allege in their class action lawsuit that they and others purchased Monat hair care products because they were promised aid in hair growth and health; however, say the plaintiffs, the chemicals in the products actually lead to increased hair loss. They say the misrepresentations are part of a scam by Monat to get consumers to purchase even more expensive products from them. Both plaintiffs allege that they experienced significant hair loss after investing substantial sums in Monat products. They say they brought their concerns to the company, but were told they were going through a “detox” process and would see healthier hair if they continued to use the Monat products. They say the company also pointed the finger at suppliers when they continued to complain.
“Shamefully, hair loss claims are met with unsubstantiated claims of a ‘detox’ period that will cause increased hair loss before the purported benefits of Monat hair care products accrue or worse yet, suggestions to spend more money on still more expensive Monat haircare products,” the Monat class action lawsuit states. Frustratingly, allege the plaintiffs, the hair loss does not stop, even after consumers stop using the Monat products. According to the Monat class action lawsuit, Monat advertises its products as “naturally-based” and “safe.” The plaintiffs say they were drawn in by claims that the hair care products were “suitable for all skin and hair types.”
Further, allege the plaintiffs, Monat claims that their products stop hair loss and aid in regrowth. The website, according to the complaint, touts chemicals used in Monat products as clinically proven to provide a “significant decrease in hair loss effect and increase in hair regrowth.”
“In fact, MONAT Hair Care Products use numerous harsh chemicals and known human allergens. As a result of the defective nature of the MONAT Hair Care Products, they were and are unfit for their intended use and purpose,” the Monat class action lawsuit claims. According to the class action lawsuit, many other consumers experienced the same problems and misleading responses from the hair care company; however, Monat, a multilevel marketing scheme, has scrubbed customer complaints from the internet. The Monat class action alleges that the wealthy family running the business has even sued a woman who set up a Facebook page for those who suffered hair loss after using Monat.The plaintiffs seek to represent Monat hair care users who purchased the products since Jan. 1, 2014. The plaintiffs are seeking damages as well as a court order stopping Monat from allegedly misrepresenting their product to the public.
The consumers are represented by Brian W. Warwick and Janet R. Varnell of Varnell & Warwick PA, Charles J. LaDuca and William H. Anderson of Cuneo Gilbert & LaDuca LLP, John A. Yanchunis of Morgan & Morgan PA, and Joel R. Rhine and Dara Damery of Rhine Law Firm PC.
The Monat Haircare Products Class Action Lawsuit is Trisha Whitmire, et al. v. Monat Global Corp., Case No. 1:18-cv-20636, in the U.S. District Court for the Southern District of Florida.