L’Oréal Hair Product Class Action Lawsuit Settlement. Burn In Hell!!

25 Dec 201322 Jan 2014 ~ Joseph Kellner

As usual in our industry, See no Evil, Hear no Evil, Speak no Evil. None of the So-called industry websites, comic books, or fan clubs will do no reporting against no major manufacturer in my industry. It is common knowledge for manufacturers to supply the latest and greatest to the industry sheep. For the purpose of increasing the financial pyramid for themselves. No longer is there a honest approach of informing the beauty industry of news about class action lawsuits for the betterment of the industry. WHY YOU SAY? Because industry giants sustain the beauty industry and give financial backing to the comic books, websites and fan clubs. If one of the three prior mentioned “bite” the hand that feeds them there would be no existence for that website, or magazine or organization. So in general you will not know who, what, where in this industry. You will be led unless you do any investigative work by yourselves.

L’Oréal USA Inc. has reached a class action lawsuit settlement over claims it falsely marketed shampoo, condition and styling products under the Matrix, Kérastase, Redken and Pureology brand names.Under the proposed settlement agreement, L’Oréal will modify the labels of these products to remove certain misleading language.

The L’Oréal settlement will resolve a class action lawsuit (Richardson v. L’Oréal USA Inc.) that alleges L’Oréal misled consumers into believing they could only purchase the Matrix, Kérastase, Redken and Pureology products exclusively in professional salons, when consumers can purchase the products in major retail outlets.

L’Oréal denies any wrongdoing, but has agreed to a class action lawsuit settlement to resolve the litigation.

Class Members of the L’Oréal class action settlement include all consumers nationwide who purchased the L’Oréal products for personal, family or household use on or after August 30, 2008. There is no monetary benefit for Class Members. Instead, L’Oréal has agreed to remove from the labeling of these hair products the following “claims”:

“for sale only in professional beauty salons”;
“exclusive salon distribution”;
“exclusive to Kérastase consultant salons”;
“only professional”;
“only in salon”;
“sold exclusively in salons”;
“available only at fine salons and spas”;
“available only at fine salons”; and
similar claims in English or other languages which may be read as suggesting availability for purchase exclusively in professional salons.

Since there is no monetary benefit for Class Members, there is no claim filing deadline. If you wish to object to the L’Oréal product class action settlement, you must do so by September 11, 2013.

Will the industry inform you about this?

NO THEY WONT, MY FRIENDS.

THEY WILL NOT!

Because the industry is L’oreal, And they do not want you to know any wrong about these companies. God Forbid they would reach out to you and explain the particulars of this lawsuit and tell you how to apply for claims.

Review of ‘The Real Hair Truth’

18 Dec 2013 ~ Joseph Kellner

The Real Hair Truth, Volume 1 by Joseph Kellner

The Real Hair Truth is the first documentary that I have seen in my 20 years of being in the beauty industry that has portrayed many of the thoughts and feelings about the hair business that I have had for many years. If you are a hair dresser, salon owner or thinking about becoming involved in the industry, please watch this film with a positive open mind. Although on the surface, this documentary may be taken as negative about the hair industry, it is not. Our industry is at a turning point in our country. No longer is becoming a hair dresser associated with those individuals that are considered “not college material” or for those who don’t know what they want to do with their future. According to one of The Real Hair Truth’s contributors, Eric Charles Motokoff, an accomplished hair dresser, educator, and colorist, “it is a profession of art, science, psychology, creativity, fashion, beauty, trend, media and wellbeing.” Joseph Kellner, a successful hair dresser and make-up artist of over 20 years, is calling for a positive change at the appropriate time. This is exciting to me! He covers many different topics including practical advice on being a successful hairdresser, how to look for the right salon to start in, the necessity of apprenticeship, the importance of continuing education, booth renting versus commission based salon programs and salaries, hair shows, manufacturer based beauty school education, and so much more. Please buy this film, pass it on, put into practice what you learn and become part of the change. (Plus, Joseph donates a portion of the proceeds from this documentary to go to continuing education for hair dressers that cannot afford it!)

“WHAT A SMALL WORLD!”

12 Dec 201312 Dec 2013 ~ Joseph Kellner

Close to a year ago, a woman on the other side of the country, contacted me after reading my blog.
At first I was concerned. Why would a stranger want to talk to me? She does not know me, she’s never heard of me, we have no friends in common. I wondered if it would be rude, not to respond to her requests to speak directly. What do I do? Do I even really get how small the internet makes this entire world?
Fast forward…I gotta follow my gut! Something in her last private message behooved me to pick up the phone. Will she answer? NO!
We can never be too hasty. No sooner than I assume that I probably should not be talking to this woman, who I know nothing about….my mobile phone rings. Something compels me to pick up. Why won’t I let it go to voicemail?
Let me tell you about my experience of spending approximately an hour on the phone with a fellow stylist. A stranger to me. This woman is a pure artist. She cannot deal with big business mucking up our industry, due to greed.
Her raw passion for what we do, is felt immensely, all the way from California. Speaking to her, makes West Michigan feel like a stones throw away.
When you have the privilege of finding one so passionate for protecting the integrity that this industry deserves, how do you behave in an apathetic manner?
She cannot sit silently while big business sneaks dangerous poisons into our products, all for the almighty dollar. This poor baby, tried to take this nightmare on.
Listening to her frustrations with the behind the scenes horrors, cover-ups, and greed, that she has endured, makes me even more convinced of my truth.
Focus on what you can control. Work hard to reach one heart and mind at a time. Thinking big, does not imply talking big necessarily, but making a big impact on whatever audience is willing to listen to us.
KNOWLEDGE IS NOT POWER! The implementation of knowledge is our only hope. When we really want to make an impact…find like minds to communicate with on a smaller platform.
Why not just begin, with performing an amazing service behind our styling chair? Why don’t we begin with educating our own clientele about the tricks of our trade, the trends, techniques, technology and tools, that make us so proud to be a part of this hair mafia.
The last thing the rat race needs is another rat. Keep playing with the nice kids. After all, because of the internet…WHAT A SMALL WORLD? Signing off!

This blog was written by DN Speaks

For the entrepreneur the beauty industry is good news!

25 Nov 201325 Nov 2013 ~ Joseph Kellner

Beauty Industry in 2013 at a Glance

Comprised of a diverse yet interrelated set of business lines, the beauty industry helps us look and smell our best. Before we leave the house each day, we have likely undergone our personalized beautification ritual. Included in this ritual is the daily shower and shave, the weekly nail trim, and the monthly haircut. And increasingly we are taking a more holistic view of our health, and our beautification ritual may now include a periodic massage and trip to the spa. But our concern with our appearance is hardly anything new; indeed the beauty industry has been expanding and growing for all of recorded history. For the interested entrepreneur this continuing growth and evolution offers a diverse menu of opportunity.

The beauty industry today encompasses far more than cosmetics and skin care products, though they are still a significant portion of the sector. A wide range of services and products are available to help us put our best face forward, and the beauty industry now also encompasses hair styling and hair removal, nail and tanning salons,massage parlors, shower and shaving products, perfumes, colognes and more. Many people now treat their beauty ritual as an escape from the hustle of the information age, whether its a few minutes spoiling oneself with a high-end product or a full day at a luxury spa.

Lotions, Treatments and Baths. Oh my!

Beauty industry opportunities can be broadly separated between products and services, though many providers offer both. Within both products and services, however, exist a wide range of business models based on target market, production processes and location.

From exfoliating soaps and volumizing shampoos to anti-wrinkle creams, the beauty industry provides us with choices galore to keep us looking younger and healthier. Cosmetics exist for every style and taste, as well as every skin tone, texture and even allergy. Rows of toothpaste stretch off into the distance at the local retail outlet, and it is no longer a choice only of brand, but between whitening, tartar protection, flavor, packaging styles and more! And a similar story is told in the aisles for perfume, deodorant and hair coloring. Certain businesses also distinguish themselves through manufacturing processes such as using all natural ingredients or a refusal to use animal testing on products.

While the diversity among service providers is not quite as extensive, there is considerable differentiation between offerings based on price, location and target markets. Some businesses target the inexpensive, fast hair cut market while others focus on providing a luxury spa experience. Franchise opportunities exist for hair salons, skin treatments, nail care, and tanning. Niche providers offer products and services focused on children, weddings, and fashion, among others.

Different Beauty Franchise Opportunities

Hair Care	Stylists, salons, shampoos/conditioners, coloring product, styling product (gels, sprays, etc)
Cosmetics & Skin care	Make-up, moisturizing lotions, tanning salons, sun care products
Fragrance	Perfumes, body sprays, cologne, deodorants
Miscellaneous	Nail polish, shaving products, massage parlors, hair removal services

Beauty Industry Trends

Such diversity and innovation exists because we demand it. The beauty industry continues to expand globally, with some projections claiming 8.5% growth by 2014; revenue growth in 2010 is estimated at 3.3%. Several trends support this expansion and promise continued profitability into the future.

Globally, rising per capita incomes and greater access to international markets are increasing spending on discretionary items such as perfumes and cosmetics. Though the recent economic turmoil had decreased spending on some discretionary products in the United States, purchasing of beauty products has remained strong. Consumers did tend to be more price-conscious however, with over 70% of survey respondents claiming to give mass market products more consideration over high-end products during the downturn.

Perhaps not as surprising as it once was, one of the fastest growing segments of the beauty industry is products and services aimed at men. Traditionally focused on female consumers, men today are gaining increasing attention from the beauty industry. Of course most of us have been using deodorant and toothpaste for several months already, but increasingly men are being targeted for body sprays, specialty hair products, lotions and even nail care. Salons offer a menu of pampering services for men, including cuts and shaves, facials, massages and manicures.

Consumers of beauty industry products tend to be brand loyal, and share what works for them with their friends. 58% of those surveyed claimed that personal recommendations weigh more heavily than celebrity marketing, and only 44% bought a particular product for its claim of specific product attributes. Like many things, beauty products gain a level of familiarity and comfort for the consumer, and switching to a new product often takes some extra incentive. Popular and successful marketing campaigns in the beauty industry often include a free sample and discounts for referrals to lure new customers in, and loyalty programs to keep them.

Beauty Industry Franchise Opportunities

From product innovation, organic industry growth and continued growth into the male half of the population, the beauty industry continues to offer a diverse set of profitable franchising opportunities. Beauty franchises exist across the space with dozens of strategies reaching all types of consumer.

Retail opportunities include brick-and-mortar store locations as well as home-based businesses, and span across cosmetics, skin care, hair care, tanning and more. Frequently producers of beauty industry products will have a franchising distribution system, or even have training locations for service providers. Cosmetic and skin care entrepreneurs offer specialized services such as nail care and tanning, a complete menu designed for the full day experience and everything in between. Some salons offer an exclusive membership experience and others specialize on walk-in business.

Hair care opportunities exist for barbers and stylists alike, with a range of different franchises available based on cost, location, and gender. Many male-focused franchises offering everything from the basic barbershop have been springing up to complement the traditionally female-focused salon offerings. Franchise chains devoted to children offer a more entertaining environment for kids. There are also businesses focused on hair removal and coloring.

Eco-friendly salons such as the Splish franchise offer hair care in an environmentally conscious environment.

As we can see, the beauty industry encompasses a wide range of products and services, and franchising plays a major part in bringing them to the consumer. As the industry continues to grow and evolve, profitable opportunities will abound…the hard part is choosing which one!

Suave Keratin Infusion Class Action lawsuit Survives Dismissal!

12 Nov 2013 ~ Joseph Kellner

As I reported in the prior entry of my blog. According to the suit, Unilever also tried to get women who had reported side effects from the product to them to sign a release preventing them from suing the company, in exchange “for as little as $50.00 for a haircut.” Here is the Real Story provided by Top Class Actions.com who I feel is a reliable source for beauty/cosmetic legal news.

A Kentucky federal judge has rejected Unilever U.S. Inc.’s motion to dismiss a class action lawsuit accusing the company of falsely advertising that its Suave Professionals Keratin Infusion 30 Day Smoothing Kit products are safe, even though they allegedly caused hair to fall out.

Due to a lack of explicitly relevant Kentucky state case law, Judge Joseph H. McKinley relied heavily on a similar decision in district court in Illinois, especially regarding the women’s claims that the company breached express warranties. The women both alleged that they chose the product because it would only last 30 days and would result in smoother hair. Instead one woman suffered breakage and the other reportedly developed scalp burns after using the product.
Plaintiffs Terri Naiser and Jonnie Phillips allege in the Suave Keratin class action lawsuit, filed last year, that they purchased the kit because it was advertised as a keratin-based smoothing treatment instead of a chemical relaxer and its effects were supposed to last up to 30 days. The plaintiffs also claim they purchased the product because the label said that it did not contain formaldehyde and that the treatment was safe. Naiser and Phillips allege that all of these claims are untrue, and that the product contains an ingredient or combination of ingredients that cause hair to fall out.

While Unilever recalled the Suave Keratin Smoothing Kit in May 2012, the company allegedly failed to warn consumers about the side effects associated with it. In their class action lawsuit, the plaintiffs argued that Unilever breached express and implied warranties and violated consumer protection laws by issuing a late and incomplete recall of the hazardous product.

Unilever sought to dismiss the Suave Professional Keratin class action lawsuit in its entirety, arguing that the plaintiffs failed to identify an “affirmation of fact or promise” by the company that was untrue. Unilever also claimed that the plaintiffs did not adequately argue that they relied on the advertisements when making the choice to purchase the product. Further, the company argued, there was no privity of contract under Kentucky law because the plaintiffs purchased the products from a retailer and not directly from the company itself. For these reasons, Unilever argued, the plaintiffs did not have standing to file the class action lawsuit.

U.S. District Judge Joseph H. McKinley Jr. rejected Unilever’s motion to dismiss the class action lawsuit, finding that the plaintiffs adequately pled their case. He found that the plaintiffs sufficiently argued that the Suave Keratin Smoothing Kit was advertised as a “smoothing” product and not a “chemical relaxer,” a representation that could be considered an “affirmation of fact or promise” that could survive a motion to dismiss. He rejected Unilever’s argument that the representation was “mere puffery,” finding instead that it could be interpreted as a factual statement by a reasonable consumer.

Judge McKinley also found that the plaintiffs sufficiently argued that they relied on Unilever’s representation, believing they were purchasing a short-term hair smoothing product instead of a harsh chemical relaxer when they chose to buy the Suave Keratin Smoothing Kit. He also found that the class action lawsuit could proceed under the Kentucky Consumer Protection Act because the plaintiffs adequately argued that Unilever engaged in false, misleading or deceptive practices.

The plaintiffs are represented by Richard A. Getty and Danielle Brown of the Getty Law Group PLLC; Peter Safirstein, Elizabeth S. Metcalf and Christopher S. Polaszek of Morgan & Morgan PC; and Jana Eisinger of Law Office of Jana Eisinger PLLC.

The Suave Professionals Keratin Infusion 30 Day Smoothing Kit Class Action Lawsuit is Terri Naiser, et al. v. Unilever United States Inc., et al., Case No. 3:13-cv-00395, in the U.S. District Court for the Western District of Kentucky.

This article was provided from the website Top Class Actions!

Rate this:

Share this:

Rate this:

Share this:

Rate this:

Share this:

Rate this:

Share this:

Rate this:

Share this: