Busted we win! Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices pays up!

19 Feb 201422 Feb 2014 ~ Joseph Kellner

I love it, I love it. Busted for whatever the lawyers could get, they got in full from Unilever!. According to documents filed Friday in Illinois federal court, Unilever United States Inc. has agreed to pay $10.2 million to settle a class action lawsuit accusing it of marketing and selling a Suave-brand hair treatment that causes significant hair loss. The Suave Keratin class action lawsuit was initially filed in August 2012 on behalf of a class of consumers who purchased or used Suave Professionals Keratin Infusion 30-Day Smoothing Kit, a product that was recalled in May 2012. The plaintiffs alleged that the product included dangerous ingredients that caused injuries, and that Unilever failed to properly inform consumers about the proper way to use the product to avoid injury. During this time frame we at the “Real Hair Truth/Jotovi Designs Inc.” watched closely all the litigations that went forward with this class action lawsuit. And passed along any and all emails we received from consumers to the appropriate law firms representing the clients involved. Jotovi Designs Inc. was also used as a avenue for any and all complaints within the professional beauty industry, working hand in hand with consumers and professionals directing them to the proper law firms involved with the plaintiffs. Now trust me my friends that is just penny’s to them not even nickels or dimes at all. They are a large corporation will it hurt them, “NO” not at all. These large manufacturers are always in court. Look at L’Oreal, the mother of all lawsuits does it hurt them “No”. They always find a way to push the envelope, this is just a part of there corporate lives. No biggy to them. The consumer and professional are the ones who get hurt. And trust me the so-called professional beauty industry does not care to inform there industry of these deviate practices. They will actually support these company’s. Basically because they need there money to survive. They cannot do it on there own.

On the Unilever website the company claims that. “Our brands play a major part in helping us achieve our sustainable living aims of helping more than a billion people improve their health and well-being; halving the environmental footprint of our products and sourcing 100% of our agricultural raw materials sustainably”. Really?

Unilever is a major force in the beauty/cosmetics industry with household names as, Dove, Axe, Lux, Pond’s, Sunsilk, Tresemme, and who could also forget the beauty industry TONI&GUY that you can buy anywhere and beauty professionals will hail the product. Knowing full well they have no exclusive of the product what so ever. But they will sell it in there salons. And buy there tickets to there hair shows supporting TONI&GUY. But that’s another story in itself. The Suave Keratin class action lawsuit asserted claims against Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices statutes and unjust enrichment arising from the manufacture, advertising and sale of the Suave Keratin Infusion smoothing kit. According to the plaintiffs’ motion supporting preliminary approval of the class action settlement, between 225,000 and 260,000 smoothing kits were sold.

Under the terms of the proposed Suave Keratin class action settlement, Unilever will pay $10 million to establish two settlement funds: a reimbursement fund and a personal injury fund. The $250,000 reimbursement fund will be available to Class Members who purchased a Suave Professionals Keratin Infusion 30-Day Smoothing Kit, providing a $10 refund for the past purchase of the product.

The class action settlement injury fund will provide relief to Class Members who suffered bodily injuries to their hair or scalp as a result of using the Suave keratin treatment. Class Members who incurred expenses for hair treatment but who no longer have receipts for their expenditures will be eligible to receive up to $40 per claimant. Class Members who have receipts from their treatments will be eligible to receive up to $800 per claimant for their expenses. Class Members who suffered significant bodily injury to their hair or scalp will be eligible to receive up to $25,000 per claim.

During the filming of my next documentary “The Beautiful Lies”, I received numerous emails for consumers who used this product. Writing to me the causes, and health hazards they experienced with this product.

” Dear Mr. Kellner, I too used this product and fried my hair…4 haircuts later still having issues with dry hair and itchy scalp. Any ideas on what I need to do to promote good hair health?”

” Dear Joseph Kellner,I found this email when reading about the horrible suave keratin product. I haven’t developed any health issues that I know of but my hair continues to fall out. I have had at least 10-12 inches cut off in the last 5-6 months and my hair used to be thick and is now just so thin and horrible feeling. Anything that can be done?”

“I bought the treatment on 3/23/12 from Wal-Mart and I used it a week later. I have previously used Sally’s brand about 8 months prior so I knew what I was doing and I read the directions correctly. Not even a week after I used the Suave brand, my hair got considerably lighter, which has never happened and my hair started to fall out. Even now, every time I was my hair, more of it breaks and I am losing it by the handfuls. I only use the treatments because after I had my daughter, my hair got wavy and thicker only in the back and I wanted an easier way to maintain my hair. The treatment I used before worked wonders and seeing as Sauvé’s was a whole lot cheaper, I took a chance. I know it is not supposed to make it straight, but it is supposed to make it easier to straighten, and this did not do as it was supposed to. I saw the recall at my local CVS and wanted to know what I am supposed to do from here? Thanks for your time.”

“I used this kit twice the first time my tightly curled hair was soft shiny the second time at first I didn’t see any change in my then a couple of weeks after my hair started coming out by the handfuls it took me three years to get the growth I had now all Ivan do is cut it all off and do intensive conditioning treatments .something should be done to suave for the damage it has done to my hair.”

“I to had a bad experience with this product. My hairdresser called their 1800 # to let them know the damage that their product had done to my hair. It’s taken 6 months to get it back to almost normal. This has cost me a lot of money. Another dissatisfied customer”.

“I just used this product a few days ago and my hair is also fried. And when I went to the store to try to find a deep renewing conditioner the product was still on the shelf! I don’t know what to do with my hair at this point. I’ve been trying to nurse it back to life with coconut oil and mayonnaise but it still isn’t enough. Help?!”

“Help it has been 4 months for my hair and it continues to break off and is fried. It seems like it is getting worse not better. I have spent over $2000 and yet I am still struggling. No one is responding to my letters Unilever, Suave or Kroger. I tried to join a class action lawsuit with Wasserman, Comden, Casselman& Esensten but they have not contacted me back yet either. The $12 is not sufficient and my current professional stylist believes it will be at least another year before my hair is back to normal if ever. I can not afford this!! Is there any hope we will get some resolve from the company. Please someone help!! This is truly a nightmare and not only has it ruined my hair but my personal life, my professional life and my personal well-being have all been severely compromised. Any information that you might have regarding where I might go next would be greatly appreciated.”

The Suave Keratin settlement will also resolve several similar class action lawsuits that were filed in Kentucky and California.

The Suave Keratin class action settlement agreement was reached after nearly 18 months of litigation and lengthy mediation sessions with former U.S. District Judge Wayne Andersen. According to the court documents, the plaintiffs believe that the settlement agreement is “fair, reasonable, adequate and in the best interests of the Named Plaintiffs and the putative Settlement Class. Unilever, denying wrongdoing of any nature and without admitting liability, has agreed to the settlement terms in order to address claims brought by consumers of Unilever products, and in order to avoid the burdens of continuing discovery expenses and litigation.”

The plaintiffs are represented by Marvin A. Miller, Lori A. Fanning and Andrew Szot of Miller Law LLC; Peter Safirstein, Christopher S. Polaszek and Elizabeth S. Metcalf of Morgan & Morgan PC; and Jana Eisinger of Law Office of Jana Eisinger PLLC.

The Suave Keratin Infusion Class Action Lawsuit is Sidney Reid, et al. v. Unilever United States Inc., et al., Case No. 1:12-cv-06058, in the U.S. District Court for the Northern District of Illinois.

Last chance to claim your money!!!

5 Feb 201415 Jun 2014 ~ Joseph Kellner

Organix Shampoo Maker Agrees to $6.5M Class Action Settlement Get Your Money!!!!

The maker of Organix skin and hair care products has agreed to pay $6.5 million to settle a class action lawsuit over claims that it falsely labeled its products as organic. The Organix class action settlement was filed in California federal court on August 22 and resolves all claims related to its allegedly deceptive marketing and advertising practices.

Under the terms of the Organix settlement, defendant Vogue International will pay $6.5 million into a fund set aside to compensate consumers who purchased Organix products. Class Members who submit valid claims are eligible to receive $4 for each Organix product they purchased, up to a maximum of $28. The class action settlement will also prohibit Vogue from manufacturing skin and hair care products under the Organix brand. The company also agreed to stop using the term “organic” on a product label unless at least 70 percent of its ingredients are organically produced.

The Organix class action lawsuit was initially filed by Andrea Golloher, Roberta Chase, Michael Shapiro and Brenda Brown in Alameda County Superior Court in 2012. In November, Vogue removed the case to California federal court. Vogue moved to dismiss the class action lawsuit, arguing that the plaintiffs lacked standing to bring breach of warranty claims in Florida, New Jersey, Ohio and Texas because they had not purchased Organix products in those states. They agreed to settle the lawsuit before the judge ruled on their motion to dismiss, although Vogue continues to deny that its marketing and advertising was false or misleading.

In an amended version of the class action lawsuit, the plaintiffs claimed that the name “Organix” was misleading, and that the products contained only 10 percent organic ingredients. They allege that they would not have paid the higher price for the products had they known that they were not truly organic. When making the decision to buy the hair and skin care products, they relied on the front and back labels, which stated that the products contained organic ingredients.

The Organix class action settlement was reached after an all-day mediation session with Randall W. Wulff, a highly-respected mediator in Oakland, California. Organix products typically sell for $7.99, but Vogue often offers the products at a “buy one get one free” discount. In the class action settlement, the parties agreed that a reimbursement of $4 per product was fair. They also agreed that future purchasers of the Organix product line would be protected by the injunction preventing Vogue from making misleading statements about organic ingredients in its products.

Under the terms of the Organix settlement, Class Members include “all individuals in the United States who purchased at least one of Vogue’s Organix brand hair care and/or skin care products from October 25, 2008 to the date notice to the Class is first published.”.

If you purchased Organix hair care and skin care products at any time between October 25, 2008, and October 10, 2013, you may be eligible to claim up to $28 cash from the class action settlement. Eligible Organix products include but are not limited to Organix Coconut Milk, Organix Macadamia Oil, Organix Cocoa Butter, Oganix Brazilian Keratin Therapy, Organix Moroccan Argan Oil, and more.

Claim Forms can be submitted online at www.HairCareSettlement.com or mailed to the Settlement Administrator at the following address:

Organix Class Settlement Claims Administrator Heffler Claims Group P.O. Box 59029 Philadelphia, PA 19102

Urban Decay Cosmetics is still the same, Thank God!

2 Jan 20142 Jan 2014 ~ Joseph Kellner

The French cosmetics giant has agreed to acquire Californian privately owned makeup company, Urban Decay Cosmetics LLC. This was printed in 2012 and I am thankful L’Oreal has not changed the product ingredients. And talking to my fellow MUA’s in the film industry they still have excellent reviews of the product! Let the reviews speak for themselves!

“Urban Decay is amazing. if you’re starting out I would buy the Urban Decay primer potion, a 24/7 eyeliner and a palette or just a couple of colors. there products all work extremely well and are very pigmented.”

“Yes, their eyeliners are amazing. They are high-quality and never smudge or fade from my eyelids. I love the colors, especially in the sets. However, if the quality wasn’t so good, I wouldn’t buy them because the price is so high.”

“They’re shadows are amazing! They all are so pretty and smooth, and they have billions of cool colors. I also like their colored mascaras (like in purple or blue) even though I only know one person who could pull them off, ME!”

Famous for cult favorites such as the much coveted Naked Palette, Urban Decay is well known for its “beauty with an edge” range of products that is popular among youthful, highly-involved cutting-edge consumers who are attracted by the fashion-forward image of the brand. Currently, Urban Decay is available mostly in Sephora and through its online stores – but with this new development with L’Oreal, it is possible that the brand will be more accessible to the masses through multiple channels such as other brands under its wing such as Maybelline New York, and Lancome. The closing is subject to regulatory approval, which is expected by the end of the year. What do you think of this new development? Excited to see if Urban Decay cosmetics would be more affordable now, or worried that the acquisition would affect the overall style of the brand that made it so appealing in the first place – not to mention their different practices in regards to animal testing?

This has been over a year now my friends, and the product is still the same. So they have no changed the ingredients of the cosmetic line at all. Urban Decay’s continued quality is put in question since UD is a department store brand, and for many people the first association they make with the name L’Oréal is the drugstore brand of hair products and cosmetics. However, L’Oréal is large corporation that owns many brands. Their portfolio actually includes more luxury brands such as Lancôme and YSL than what they term “consumer products,” which is where L’Oréal Paris falls. The fact that L’Oréal has such a diverse portfolio means that UD fans can rest easy when it comes to quality and the brand’s overall image, since L’Oréal’s acquisition history indicates that the company acquires brands because it can benefit from what the brand is already doing, as with The Body Shop’s 2006 acquisition, not to change the brand. But now I can find it on the sales rack at ULTA.

The matter of cruelty-free cosmetics is a trickier issue. While Urban Decay has committed to remaining cruelty-free despite the acquisition, can the same be said for all other brands in L’Oréal’s portfolio? The answer is complicated. Urban Decay’s website states that UD neither tests finished products on animals nor do they use raw materials that have been tested on animals. L’Oréal has not tested finished products on animals for 20 years, but the product ingredients have been tested on animals. This is not by L’Oréal’s choice: European Union regulations require ingredients to be tested on animals (L’Oréal is based in France). L’Oréal is also a big contributor to and a founding member of the European Partnership for Alternatives to Animal Testing (EPAA), an organization that aims to end mandatory animal testing by producing new testing methods that still ensure consumers’ safety.

So what will change for Urban Decay once the acquisition is final? On the surface, probably nothing. The brand will retain the same image and policies. But on a macro-level, buying Urban Decay will mean generating profit for L’Oréal, and L’Oréal is in a gray area when it comes to animal testing. On the one hand, L’Oréal appears committed to ending animal testing and supports an organization that is working towards this goal, but on the other hand it is impossible for L’Oréal to completely stop animal testing at the moment due to regulations.

The issue brings a sad connotation to the popular phrase: beauty is pain.

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!

Modern Salon and Alison Shipley Bias reporting of the Beauty Industry!

6 Nov 20137 Nov 2013 ~ Joseph Kellner

Modern Salon will promote old news before it tells the true tales of its industry!

In an industry of False reporting, Deceptive labeling, and lack of representation of the Beauty Professionals in my industry. Reporting comes from individual’s who have less than 5 years experience as a hairdresser and writer makes me want to puke. Especially when they report on issues that are over two years old and they are very partisan in their reporting.

In a recent article from the comic book magazine Modern Salon edited and published by Vance publishing. There was an article written from a novice editor ALISON SHIPLEY, EDITOR OF FIRST CHAIR & MODERN SALON’S EXECUTIVE EDITOR OF SOCIAL MEDIA/VIDEO.(Can they give these kids a big enough title to stimulated there ego)? She reported that the Suave Keratin Treatment is as follows. Consumers are saying the product (Suave Keratin Treatment) caused them (The Consumer in the retail sector severe hair loss and other damages). It is also reported in MS. Shipley’s article, “hundreds of women nationwide are suing the manufacturer and designer of Suave Professionals Keratin Infusion 30-Day Smoothing Kit, a hair treatment product designed to smooth frizzed hair”. This is a story that I personally sent to Vance Publishing on 3/13/12 to take notice and let the industry know, but being a truth seeker they thought my reporting was to “Blunt”.. The company that produces the product is Unilever, who also produces the following product.

TIGI (hair care) You know the shit you buy for your salon and that is located in a grocery store.

But they mention no reference to Unilever. Why? Because they need their advertising dollar, their article is very basic and no links provided to the reader. Given that the poor kid probably thinks she is doing the industry a service. This was not reported by CNN, and this was a big enough story to tell the industry but as usual it got placed in the heap of (Don’t tell we need the advertising dollars from Unilever for our monthly comic book). And it also shows to the “Blinded Beauty Industry Sheep”, that your devoted manufacturer will sell you out to the commercial sector. This is a service that is done in my industry, they normally call the Keratin Treatments. These types of “Kits” for the consumer to do at home should only be done in the salon. I said that about hair color at home before but that fell on deaf ears to the sheep of the industry.

In my blog on July 9th 2012 I stated that, “Unilever may not be able to substantiate its claims. In addition, Unilever may have failed to inform consumers that the Product contains a chemical known as “Tetrasodium EDTA,” which is mainly synthesized from formaldehyde. Unilever also may have failed to inform consumers that the Product contains a chemical preservative known as “DMDM Hydantoin,” which is an antimicrobial formaldehyde releaser with the trade name Glydant. Formaldehyde has been classified as a known human carcinogen (cancer-causing substance) by the International Agency for Research on Cancer and as a probable human carcinogen by the U.S. Environmental Protection Agency. An investigation is underway regarding Unilever’s marketing and advertising practices under the Suave brand name. Unilever states on their website that 160 million times a day, someone somewhere chooses a Unilever product. From feeding your family to keeping your home clean and fresh, our brands are part of everyday life”.

On Jezebel.com it is a reliable news website I highly regard for investigative reporting than the comic book Modern Salon., it is reported that in their article written on 10/15/2013 that.

Last year, a group of women filed a class action lawsuit against Unilever, the manufacturer of Suave Professionals Keratin Infusion 30-Day Smoothing Kit, alleging that though the product was marketed at a Keratin smoother, it actually contains a formula to chemically relax the hair. According to the women, this caused everything from melted hair to scalp burns to increased and permanent hair loss and resulted in an aesthetic that would certainly not prompt anyone to GET THIS LOOK! And last week, a judge rejected Unilever’s request to dismiss the lawsuit, which means it will be going to trial.

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.”

Why don’t you report that Ms. Shipley? But I bet that Ms. Shipley was told not to go to far in this subject. Why? Because Unilever advertises in the comic book. “God forbid , lets just write about the situation and scratch the surface of the problem.” The sheep will not even notice it. Keep them young and dumb. But lets not say UNILEVER!

Try to do the right thing in life Shipley, I guarantee you will not go far. But you will sleep at night!

God forbid you lose your advertising dollars also!

Rate this:

Share this:

Rate this:

Share this:

Rate this:

Share this:

Rate this:

Share this:

Rate this:

Share this: