Category: Booth Rental Advice

This is dynamic Information for the Booth Renter, or Professional considering Booth Renting in the beauty industry.

Brazilian Blowout Gets Blowback From the FDA, Do You Think The So Called Beauty Industry Cares?

~ Joseph Kellner

Five months ago, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a hazard alert about Brazilian Blowout and similar hair smoothing and straightening products, warning that hair salon workers and clients could potentially be exposed to formaldehyde by using them.

Now the FDA has sent a warning letter to the makers of Brazilian Blowout confirming that the product is “adulterated” with the liquid form of formaldehyde, “which, under the conditions of use prescribed in the labeling,” releases dangerous levels of the chemical — a known carcinogen — into the air to be inhaled.

The FDA letter also said that Brazilian Blowout is “misbranded” because the product’s label falsely declares it to contain “No Formaldehyde” or that it is “Formaldehyde Free.

The company has until mid-Sept. to address the violations cited by the FDA or risk having its product seized. “It is your responsibility as a manufacturer to ensure that the products your firm markets are safe,” wrote Michael W. Roosevelt, acting director of the Office of Compliance at the FDA’s Center for Food Safety and Applied Nutrition, in the warning letter to Brazilian Blowout CEO Mike Brady.

Salon workers and customers using the hair-straightening solutions have suffered side effects like eye and throat irritation, headache, dizziness, burning sensations, breathing problems, nosebleeds, chest pain, vomiting and rash, according to the FDA. Formaldehyde is released when hair treated with Brazilian Blowout is heated with a blow dryer and then with a hot flat iron, as the product’s labeling recommends.

The FDA’s analysis found that Brazilian Blowout contains 8.7% to 10.4% formaldehyde, which puts it in the range of embalming fluid used by funeral homes — and is far higher than the 0.2% that the Cosmetics Ingredient Review Expert Panel considers safe. (Why is formaldehyde in hair products, you ask? Because it helps bind keratin to hair, straightening it.)

For its part, the makers of Brazilian Blowout say the product is safe. “We have been tested countless times by OSHA,” Brady told NPR’s Shots blog. “And we have never exceeded a safety standard ever.”

“In our continued effort to clear up misinformation about the Brazilian Blowout, we are delighted to be working with the FDA in demonstrating that the Brazilian Blowout complies with both state and federal guidelines,” a brief statement on the product website says, encouraging hair salons to “continue to confidently offer the Brazilian Blowout treatment to your customers.”

Many salons across the U.S. may be currently using Brazilian Blowout or similar frizz-taming products. In April, Healthland contributor Bryan Walsh spoke with Jane Houlihan, vice president for research at the Environmental Working Group. She said: “We surveyed 41 top salons and found that almost all of them are using hair-straightening treatments. We look across the industry, and the fact is if you’re using a Brazilian-style keratin treatment, it’s almost certainly releasing formaldehyde.”

Given the FDA’s warning, Brazilian Blowout may not be around much longer, at least not in its current formulation. It’s already been banned in Canada. But the fact that a hair product containing potentially dangerous levels of formaldehyde was able to end up in salons in the first place shows just how lacking regulation of the cosmetics industry is.

False Advertising Information A Guide for The Beauty Industry!

~ Joseph Kellner ~ Leave a comment

 

Make sure that when you are advertising your brand that you know the rules of advertising.

  • Advertising must be truthful and non-deceptive;
  • Advertisers must have evidence to back up their claims; and
  • Advertisements cannot be unfair.

What makes an advertisement deceptive?

  • Is likely to mislead consumers acting reasonably under the circumstances; and
  • Is “material” – that is, important to a consumer’s decision to buy or use the product.

 Airbrushing, CSR and False Advertising: L’Oreal Ad Banned

Whether a business is an established global brand or a start-up, effective advertising and marketing can be the key to its success. All businesses have a legal responsibility to ensure that their advertising is truthful and not deceptive. And no matter where an ad appears – on the Internet, on the radio or television, in newspapers and magazines, in the mail, or on billboards or buses – the same truth-in-advertising standard applies. So when you develop a beauty product be very careful on what you say on the labeling, the advertising because you could get investigated.

What makes an advertisement unfair?

  • it causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid; and
  • it is not outweighed by the benefit to consumers.

What kind of evidence must a company have to support the claims in its ads?

Before a company runs an ad, it has to have a “reasonable basis” for the claims. A “reasonable basis” means objective evidence that supports the claim. The kind of evidence depends on the claim. At a minimum, an advertiser must have the level of evidence that it says it has. For example, the statement “Two out of three doctors recommend ABC Pain Reliever” must be supported by a reliable survey to that effect. If the ad isn’t specific, the FTC looks at several factors to determine what level of proof is necessary, including what experts in the field think is needed to support the claim. In most cases, ads that make health or safety claims must be supported by “competent and reliable scientific evidence” – tests, studies, or other scientific evidence that has been evaluated by people qualified to review it. In addition, any tests or studies must be conducted using methods that experts in the field accept as accurate.

What penalties can be imposed against a company that runs a false or deceptive ad?

  • Cease and desist orders. These legally-binding orders require companies to stop running the deceptive ad or engaging in the deceptive practice, to have substantiation for claims in future ads, to report periodically to FTC staff about the substantiation they have for claims in new ads, and to pay a fine of $16,000 per day per ad if the company violates the law in the future.
  • Civil penalties, consumer redress and other monetary remedies. Civil penalties range from thousands of dollars to millions of dollars, depending on the nature of the violation. Sometimes advertisers have been ordered to give full or partial refunds to all consumers who bought the product.
  • Corrective advertising, disclosures and other informational remedies. Advertisers have been required to take out new ads to correct the misinformation conveyed in the original ad, notify purchasers about deceptive claims in ads, include specific disclosures in future ads, or provide other information to consumers.
  • Or you end up in the next REAL HAIR TRUTH DOCUMENTARY

 

Your Story Will Be Heard!

~ Joseph Kellner

JosephKellner.com

Orlandomakeup.com

Its time to talk about nature and the every growing numbers of the creature known as the AO. Because of the situation of our financial jungle; many creatures have begun to examine quality instead of the “throw-a-way” attitude that prevailed a few years ago. We tend to question and really look to see if the products we purchase and beliefs that cost us money are performing as they say. Do they work?  The AO has the ability to disorient its prey and make its potential victim believe anything it says with out the natural process of questioning.

In the graceful but wild beauty industry spotting an AO is not difficult. Understand, there are no distinct markings, they can be young or old any sex or race. So how do you spot this creature? You spot an AO not by sight but by sound. You must listen to what they say and especially how they say it.

Yes it’s the verbiage of the notorious Anal Ostrich that gives him or her away. Around the Anal Ostrich you’ll hear things like “ABC is the best company!”, “ABC has the best products!” and the constantly heard “I wouldn’t use anything but ABC!” These are the most serious signs of an Anal Ostrich due to the fact that the OA’s eyesight is nearly non existent. Its world is dark and self-reliant to the host it finds itself attached to. Now for many the confident sounds of the AO may begin to calm and lure you in but this is where caution is needed!

Now you may be asking yourself,  “what’s wrong with crediting this ever common AO with conviction?”  Is it wrong to think and feel like the AO? And if so why does the beauty industries great water holes, also known as salons, seem to flourish with these creatures?”

To understand this breed one needs to go back to the root and beginnings of the AO.  Most younglings do not begin as AO’s but start off as FT’s or Free Thinkers. Although there are some exceptions those beginnings usually begin at the nest or what’s commonly referred to as the “cosmetology schools”.  But these schools often attract the very dangerous LM predator of the large manufacturer species. LM’s know that fresh meat is easily available and lie in wait for the FT younglings. LM’s will begin to distract the young FT with attractive sights, sounds and smells, none of these actually contributing to the growth and advancement. Once distracted the LM strikes with great precision emitting a mind numbing poison. Although the Free Thinking youngling entered the water hole wide-eyed for knowledge and full of questions the poison’s effect begins and the FT starts to turn off its natural process of questioning and testing for itself.

The FT’s terminology quickly changes and phrases like “let me see” or “I want to see for myself” are replaced with a single resounding “They say”.  At that point the FT closes its eyes and inserts its head into the rear of the LM and the transformation is complete!

The story above may seem like a little satire over a small and insignificant problem that the beauty industry is seeing but it goes much deeper. Understand that hair stylists are artists of the highest degree. They are individuals who live for the chance to create. To make something that visually associates or better yet defines an idea, place, or time. Some of the most influential stylists were created in a time when great chance was taking place. The sixties and seventies saw a time when artists were using their talents to buck the system and to break out of society imposed ideas of how “the normal” man or woman should act, dress and look. Unfortunately when large chemical manufactures saw the rise of influence hair stylists had on fashion and the money that could be generated things changed. Now what used to be just brands have become the sole factor of influencing a young artist. Just think…Aveda, Redken and Paul Mitchell are not just tools a student may use to find his way creative side but actual schools that tell students that “ABC is the only and best way of doing something. Personally I heard one veteran stylist remark how frustrating it was when she hired a young girl who recently graduated out of the Paul Mitchell Academy. She explained that the girl could not find a PM salon in the immediate area and was looking for a job. Once hired all she did was talk about “PM this” and “PM that.” She commented on how it was like this girl was brainwashed and could not understand simple color formulation with a color wheel and any companies color books. The girl would repeat all the time, “That’s not the way we did it at PM”. “To me you can either formulate or you can’t!” I don’t care to hear about how any particular brands colors do when you don’t have that in your salon. Because of understanding the basics and because of the American Board Of Certified Haircolorists I can formulate any color.

So before you drink the cool aid, lubricate the sides of your head and prepare for the big insertion think why you want to go to that school. Now please don’t think I’m saying that these and other big companies don’t have good products because they do and I even use some from different ones but there is a reason why I’m using them and it’s not because someone told me. If I’m using something it due to the fact that I took the time to see if it fit into my creative arsenal.

Thank You Sir! Bullseye

BOOTH RENTAL CONTRACTS!!

~ Joseph Kellner

THEREALHAIRTRUTH.COM

Booth rental is very important, and having a contract is the utmost of importance. If your problem is with walk-ins, many salons do not allow renters to take any salon walk-ins at all. You are responsible for your own advertizing and furnishing your own clients. If you are being treated as an employee, where you are required to answer phones, required to be in the salon specific hours, then you have a problem. First, you should never rent a chair in a salon without having a rental agreement which spells out everything in detail. Get the salons rental agreement BEFORE starting work and sit down with the owner and make sure you understand everything. The major things that should be in any rental agreement are, how much is the rent, when its due and when it can be changed and what exactly is furnished in your rent, how are walk-ins handled, when is the salon available for your use, do you get a key, can you sell your own retail, what services are you allowed to perform, what are your specific cleaning duties. As a booth renter you have certain basic rights. You have the right to schedule your own appointments, determine your own work hours, within the guidelines you agreed upon in your lease and very important, the ability to come and go as you please. You have the right to set your own prices and determine what products you use to perform your services. You also have the right to sell your own product lines. Cleaning of the shop is not your responsibility. Clean your work area, take out your own trash. And it would be good to start your own corporation, have tax ID, and occupational Licenses.

Joseph Kellner Booth Rental Advice

~ Joseph Kellner
josephkellner.com
josephkellner.com

As a booth renter the owner of the salon has no say as to how you run your business. The salon owner is mostly a landlord and you are the tenant. They should not provide you with phone, towels, products, training or tools, these should all be paid for and provided by yourself. Any repairs or improvements to your area or the salon are negotiable.

If your problem is with walk-ins, many salons do not allow renters to take any salon walk-ins at all. You are responsible for your own advertizing and furnishing your own clients. If you are being treated as an employee, where you are required to answer phones, required to be in the salon specific hours, then you have a problem. First, you should never rent a chair in a salon without having a rental agreement which spells out everything in detail. Get the salons rental agreement BEFORE starting work and sit down with the owner and make sure you understand everything. The major things that should be in any rental agreement are, how much is the rent, when its due and when it can be changed and what exactly is furnished in your rent, how are walk-ins handled, when is the salon available for your use, do you get a key, can you sell your own retail, what services are you allowed to perform, what are your specific cleaning duties. As a booth renter you have certain basic rights. You have the right to schedule your own appointments, determine your own work hours, within the guidelines you agreed upon in your lease and very important, the ability to come and go as you please. You have the right to set your own prices and determine what products you use to perform your services.
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