Category: Consumer/Pro Retail

Great ideas on the Retail spectrum in our industry, common practices, quotes, and ideas.

Corporate Slavery Thrives At The Regis Corporation And Hair Masters.

~ Joseph Kellner

Once again there is not a ending to the corporate slavery I see in my industry. A few weeks ago I applied for a job as Salon Manager, (Corporate Leader as Regis Corporation calls it). At one of there locations called Hair Masters which is located in Metro-west, Florida 32819. I did not go into the job looking for employment since I already have my own studio and basically quite comfortable where I am at. But this interview which was a phone interview I decided to use for the start of my third documentary. Basically outline the corporate greed that is abundant in my industry. The Beauty/Cosmetic Industry.  A phone interview was set up with me and the individual from the company I would say was quite accommodating with my questions. Again I say I used this interview for the documentation of my next Documentary.

After the pleasantry’s The Interviewer gave a job description of the position I was applying for. In the Regis Corporation the job title is SALON LEADER.  Old school terms MANAGER. The job was for a full time position and the details of the job were as follows.

  • Hiring of stylists
  • Education of Stylists. Which for the Regis Corporation is video’s and no funds to send people to school.
  • Ordering of Hair Color, Retail Ordering, Promotions Etc.
  • Weekly Payroll
  • Cleaning of the salon
  • Running the phone operations and scheduling
  • Daily and weekly closeouts
  • Deposits to the bank
  • Training of Employee’s

This seemed like a job or position for someone to move up the ladder and go places with the company.  But may I say the pay is only 50%. And that’s 50% o of what you tell me, no minimum salary with a percentage of services, cheap benefits. And basically they will get FREE labor from anyone stupid enough to take the position.  Company’s have decided to prey on the uneducated of our industry, and promising the sky but with no real modern pay structure. In my industry I have been around the most talented and they know the story. But if you take a person off the streets of Orlando and give them a job at Universal Studios frying shrimp they give the employee a base salary which normally is $400.00 a week, 401k, Free Tickets to the attractions, etc. But a HUGE corporation like Regis cannot even muster up the tidings of giving any of there employee’s a livable wage. Sad how my industry has been degraded, ran through the muck and no one has the BALLS to say anything. I will say I received 50% in 1986 as a stylist, but with the constant strains of Rental increase, Electric, Day Care, Food no one can live off of 50% of nothing. Such a sad state of affairs we are in in this Beauty Industry.

I feel sorry for all the younger professionals who get a bad taste in there mouth when the abundance of Greed and and there lack of Business Knowledge are taken advantage of. And I say True knowledge of how the Beauty Industry is really ran by these corporations and websites. There are no places to go to get help within the industry, unless you hire your own attorney for representation. The are no Organizations to belong to, unless you are in the film industry and you are apart of a Local. This has been going on for a long time.

This is corporate Slavery!

If you are interested in the position here is the information to apply.

 Dina Blades
Senior District Leader
diand2@regisconnect.com   Phone Number: (772) 501-5486

FDA Sends Warning Letter to Joanne O’Donnell Be Natural Organics, LLC.

~ Joseph Kellner

Joanne O’Donnell
Be Natural Organics, LLC.
3976 S. Pine Center Street
West Bloomfield Township, MI 48323

Dear Ms. Joanne O’Donnell:

This is to advise you that the Food and Drug Administration (FDA) reviewed your website at the Internet address http://www.benaturalorganics.com/ in April 2017 and has determined that you take orders there for the products Calendula Cream Soap, Chamomile Balancing Mist, CoQ10 Eye Protection Cream, Gentle Face Lotion, Amaretto Body Scrub, Pomme D’Or Anti-Aging Crème, Daily Botanical Enzyme Peel, Squalane Serum, and Sea Kelp Moisturizer. The claims on your website establish that the products are drugs under section 201(g)(1)(B) and/or 201(g)(1)(C) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 U.S.C. § § 321(g)(1)(B) and/or 321(g)(1)(C)] because they are intended for use in the cure, mitigation, treatment, or prevention of disease and/or are intended to affect the structure or function of the human body. As explained further below, introducing or delivering these products for introduction into interstate commerce for such uses violates the Act. You can find the Act and FDA regulations through links on FDA’s home page at www.fda.gov.

 

 

 

 

Examples of some of the website claims that provide evidence that your products are intended for use as drugs include:

Calendula Cream Soap:

• “…Calendula is known to be antiseptic, anti-inflammatory, and immune stimulating. These properties are suitable for treating various types of dermatitis such as eczema.”

Chamomile Balancing Mist:

• “Chamomile, lemongrass, edelweiss and milk thistle [(ingredients in your product)] calm irritated skin with anti-inflammatory properties, …”
• “Calming and anti-inflammatory”
• “Chamomile Hydrosol- Just as chamomile tea can soothe the stomach and nerves, topically applied chamomile hydrosol has great skin soothing benefits. It has anti-inflammatory and anti-allergenic properties that can help reduce the redness and irritation of sensitive or damaged skin.”
• “Rose [(an ingredient in your product)] Distillate – … roses have anti-inflammatory and antibacterial properties.”
• “Lactobacillus/Kelp Ferment Filtrate [(an ingredient in your product)] -… Reduces inflammation.”
• “Calendula [(an ingredient in your product)] – Contains flavonoids for anti-inflammatory activity…Calendula also promotes skin healing and brightening and cell regeneration. It is noted for its ability to soothe eczema, psoriasis, diaper rash, acne and burns”

CoQ10 Eye Protection Cream:

• “CoenzymeQ10 (aka Ubiquinone) -… is used by the cells to make ATP which provides energy to carry out their metabolic functions at an optimal rate”
• “Aloe Vera Leaf Juice [(an ingredient in your product)] – Research has shown aloe vera’s unique ability to regenerate cellular membranes and boost the production of fibroblast cells (responsible for collagen production) six to eight times faster than the rate of normal cellular function.
• “Shea Butter [(an ingredient in your product)] -…chemical constituents offer anti-inflammatory…benefits.”

Gentle Face Lotion:

• “Rose Flower Water [(an ingredient in your product)] -… roses have anti-inflammatory and antibacterial properties.”
• “Witch Hazel Distillate [(an ingredient in your product)] –… benefits include the reduction of inflammation and promotion of wound healing.”
• “Acai Fruit Extract [(an ingredient in your product)] -… acai berries to be one of the most beneficial natural ingredients for the treatment of hyperpigmentation (darkening of the skin).”
• “Edelweiss Extract [(an ingredient in your product)] – ….anti-inflammatory… properties.”

Amaretto Body Scrub:

• “Boosts circulation and helps drain lymph nodes by increasing blood flow to the skin’s surface”

Pomme D’Or Anti-Aging Crème:

• “Stimulates new healthy cell production and growth”
• “Squalane [(an ingredient in your product)] -… it is antibacterial and has been scientifically proven to clear up difficult skin problems (eczema, dermatitis, rashes, etc.).”

Daily Botanical Enzyme Peel:

• “Decreases hyperpigmentation from age spots and acne…”
• “Stimulates new skin cell production; increases collagen and elastin production”
• “Helps destroy acne causing bacteria”
• “Stimulates blood flow, …”
• “Rooibos Tea Extract [(an ingredient in your product)] – Helps prevent skin disorders like acne and rashes. Also possesses strong antibacterial properties.”

Squalane Serum:

• “It also has antibacterial properties and helps to prevent the formation of brown age spots. Research has shown that squalane is beneficial for clearing up difficult skin problems such as eczema, dermatitis, rashes and certain types of acne.”

Sea Kelp Moisturizer:

• “Aspen Bark Extract [(an ingredient in your product)] -…treating burns to reducing fevers to relieving eczema. The bark is rich in salycin, which is considered to be analgesic, anti-inflammatory, calming and healing.”
• “Red Raspberry Seed Oil [(an ingredient in your product)] – natural SPF properties (especially against UVB rays). It enhances the barrier function and repair of the outer layer of each cell…”

Your products are not generally recognized as safe and effective for the above referenced uses and, therefore, the products are “new drugs” under section 201(p) of the Act [21 U.S.C. § 321(p)]. New drugs may not be legally introduced or delivered for introduction into interstate commerce without prior approval from FDA, as described in sections 301(d) and 505(a) of the Act [21 U.S.C. §§ 331(d) and 355(a)]. FDA approves a new drug on the basis of scientific data and information demonstrating that the drug is safe and effective.

This letter is not an all-inclusive statement of violations associated with your products or their labeling, and we have not attempted to list here all of the products that are promoted on your website for intended uses that cause them to be drugs. It is your responsibility to ensure that all products marketed by your firm comply with the Act and its implementing regulations. We advise you to review your website, product labels, and other labeling for your products to ensure that the claims you make for your products do not reflect intended uses that cause the distribution of the products to violate the Act.

We request that you take prompt action to correct all violations associated with your products, including the violations identified in this letter. If you do not believe your products are in violation of the Act, include your reasoning and any supporting information for our consideration. Failure to promptly correct these violations may result in legal action without further notice, including, without limitation, seizure and/or injunction.

Please notify this office in writing within fifteen (15) working days of the receipt of this letter as to the specific steps you have taken to correct the stated violations, including an explanation of each step being taken to identify violations and make corrections to ensure that similar violations will not recur. If you do not believe that your products are in violation of the Act, include your reasoning and any supporting information for our consideration. If the corrective action cannot be completed within fifteen working days, state the reason for the delay and the time frame within which the corrections will be implemented.

Your firm’s response should be sent to:
Dr. Byron Ho, Compliance Officer
U.S. Food and Drug Administration
300 River Place, Suite 5900
Detroit, MI 48207

Leave it to the professionals! … Statement on FDA Investigation of WEN by Chaz Dean Cleansing Conditioners

~ Joseph Kellner

The FDA is investigating reports of hair loss, hair breakage, balding, itching, and rash reported to be associated with the use of WEN by Chaz Dean Cleansing Conditioner products. While the FDA continues its investigation, consumers should be aware of reactions reported in association with the use of WEN by Chaz Dean Cleansing Conditioner products. Consumers who experience a reaction after using WEN by Chaz Dean Cleansing Conditioner products should stop using the product and consult with their dermatologist or other health care provider. The agency also urges consumers to report to FDA any reactions they may have experienced when using these products.

FDA previously announced that it is conducting an investigation of adverse event reports for WEN by Chaz Dean Cleansing Conditioner products, including reports of hair loss, hair breakage, balding, itching and rash. FDA has received and continues to receive reports of adverse events, as the investigation is still ongoing. In the course of its investigations, the FDA is looking at all sources of information, in order to better understand the consumer reports of adverse events. There are many potential causes of hair loss, including, for example, certain illnesses, medications, hormonal changes, rapid weight loss or gain, anemia, and high-stress life events, and these factors are being taken into account as the FDA continues to investigate these reports. If you experience hair loss, you should contact your healthcare provider. As with any cosmetic product, if you experience an adverse event that you think may be related to use of WEN by Chaz Dean Cleansing Conditioner, you should also cease using the product and report the event to the FDA.

The FDA has not yet determined a possible cause for the adverse events that have been reported, and today has called on the company to “provide any data that might help us to better understand the reports of hair loss associated with the use of WEN by Chaz Dean Cleansing Conditioner products.” The FDA also has reached out to physicians and other health care providers asking them to notify their patients of hair loss and other complaints associated with the use of these products and to report adverse events to the agency.

Terms You Should Know In The Beauty Industry.

~ Joseph Kellner

 

  • Free From~ This statement has become the mantra for large commercial brands, with the smaller brands following suit as a way to convey that their product is somehow safer than their competitors.
    • Danger of Claim: It can reinforce the idea that if something is “free from” a certain ingredient, that the missing ingredient is somehow “dangerous.”  And what was once part of the formula has since been removed, when it may have never been in the product in the first place.  This is marketing to the consumer that has been led to believe natural is better and everything else will kill them. Example: Parabens, sulfates, etc. get a bad rap, when there is actually scientific data that shows these are perfectly safe for personal care use in the recommended dosages within the cosmetic formula.  Or if it is a leave on or rinse off product will also determine ratios.  Any chemical in its full strength has the potential for causing harm, yet these are not offered to the end user, ever.
  • Chemical Free~ Another claim that bears no reality in truth or common sense.  Nothing formulated can be without chemicals as all things are chemical…natural or synthetic, makes no difference, it is just the manner in which they are derived or created.  Again, shamelessly used for SCARE tactic marketing.
    • Danger of Claim: This connotes the idea, all things chemical are hazardous to our health…..think of water, essential oils, olive oil, etc…..these appear to be benign now don’t they? However, from the point of view of the overstated 60% absorption claim, these are all potential penetration enhancers.  This claim also overlooks the fact of what the product is packaged in.  There is no getting around the chemical processes that goes into creating the packaging, such as a jar or tube, technically.
  • Hypoallergenic or Noncomedogenic~ These terms are not even recognized by the FDA and there actually isn’t any proven data in clinical trials, and has yet to be tested by the US Food and Drug Administration as to the validity of such terms.
    • Danger of Claim: Any ingredient could cause a problem for any individual and this connotes that it won’t cause a problem….sorry, but trial and error only, unfortunately.  Up to 10% of the population can and will have a reaction to something the majority of the population won’t have.  This includes a developed allergy after using an ingredient for years.  Our bodies are ever changing.  Those with acne may have a similar reaction. What won’t cause acne on one individual may be horribly occlusive to another.
  • Dermatologist / Clinically Tested~ This is a claim that can be made based on a single doctor trying it out on themselves or a patient.  Based on this perception it is theorized by the end user, it must be a proven product. A clinical study performed by the manufacturer on a small number of people will not constitute nationally, what can occur if millions use the product.
    • Danger of Claim: Gives the perception that it must be safe and work because a doctor or a clinical study said so, but is not necessarily the reality. Safety and efficacy data will change as high volume of users join the pool, and this is PURE marketing! 
  • Anti-aging Formula~ This ties into penetration enhancers being utilized within a skin cream and are designed to assist beneficial ingredients in penetrating into the otherwise impermeable surface layers of the skin to restore soft, supple skin with more elasticity.
    • Danger of Claim: EWG and Campaign for Safe Cosmetics have underscored this message as a penetration enhancer being the carrier of chemicals to the blood stream.  When in reality, penetration enhancers for the purpose of cosmetics are only skin deep and are not geared toward penetration through the dermis layer into the blood brain barrier as would be the desired effect with a topical drug.  Permanent change does not occur with any cosmetic, and only maintains the skin as long as the product is being used.
  • Non Toxic / Harmful Chemicals~ What does this even mean?  Who and what entity is deciding what is toxic or not?  This is yet to be determined and will continue to be debatable since EWG and CFSC think anything, other than naturally derived, is toxic to our bodies.  The majority of scientific research does not support the validity of this marketing claim.  Plus, too much of anything natural or synthetic can cause issues for some.
    • Danger of Claim: This statement plays into the fears of the consumer and reinforces the CFSC’s campaign rhetoric against beauty industry leaders and their products.  Such as lead being added to lipstick which is categorically FALSE and is considered a contaminant, which is found also in drinking water and the foods we eat that are grown in the ground.
  • 100% Pure / Natural / Organic~ This connotes that only natural chemicals are safe for the body and that synthetic chemicals are the bane of our existence and will give us cancer or worse. There is no human scientific data to support this claim.  And animal studies do not extrapolate to humans despite how hard watchdog groups try to convince us.
    • Danger of Claim: Beauty products labeled as natural are less tested and scrutinized than are synthetic products and pharmaceuticals. In fact, most compounds as they exist in their natural state cannot be formulated into skin care products. They first must be chemically altered before they can be incorporated into cosmetics, thereby negating the claim of being pure and natural.
  • FDA Approved ~ This marketing claim gives the unwitting consumer the idea the product is endorsed by the FDA, and the product must have been tested by the FDA to show proof of the companies claim of safety and / or efficacy.
    • Danger of Claim: This is outright FALSE and is actually in violation of FDA regulation.  FDA does not approve any finished product for the end user in the cosmetic and beauty industry.  Only prescription and OTC drugs and medical devices are FDA approved for their intended purpose.
  • Does Not Contain Fillers~ This marketing claim is designed to intimate that their product is formulated with nothing but pure and essential ingredients only, and that no fillers are used to create a less than desirable product, supposedly.
    • Danger of Claim: This insinuates that somehow a filler ingredient is cheap and makes another product substandard.  Unfortunately, this bears no weight in actual truth.  Those that claim their ingredients are the ultimate and then claim fillers as bad, are also ingredients that are used as filler.  Mica for instance is not only an essential ingredient to the formulation of the majority of mineral makeup, but it is also a FILLER ingredient.  By definition a filler ingredient is used for finish of product, bulking agent, or any ingredient utilized for the desired effect for smooth application.  There is no actual separation of the two.  Water can be considered a filler ingredient, since it is not typically essential but makes up the bulk of many skin care products.
  • Non Irritating~ This gives the end user of a product the assurance that their otherwise sensitive skin, will not have any problem with the product.  This expands on item 3.
    • Danger of Claim: The problem with this claim is everyone’s skin is different.  There are ingredients that have a long standing history of safety and efficacy, yet there will be the small percentile that will have irritation when using it.  Mineral makeup for instance works well for the majority of women, Bismuth Oxychloride excluded, but for a small number, no matter how much they hope, they will always have an irritant reaction and can never wear minerals, no matter its’ popularity.  We disclose this fact, by using only ingredients with known lower irritant risk factors, but still, only the end user will determine what is right for their skin or how they’ll react through testing it on themselves. It may not be a single ingredient, but when used in combination with another or its presumed ratio, is where the problem lies.  So by not purchasing something because one may see a certain ingredient of concern, they may be missing out on what otherwise could be fantastic for their skin.   Always TEST…TEST…TEST the product for absolute certainty.

 

 

 

The Norm For The Beauty Industry!

~ Joseph Kellner

This was from a Facebook article that I joined in and here is the problem.

Hello,

My name is Joe and I am trying to get some advice for my wife who is way too nice. So a quick run down on the events.

My wife has worked at a spa for approximately 3-4 years before quitting for another spa. She was paid commissions of 50% and also had a $20 a month so call “booth rental”. She files a 1099 and pays all her own taxes. She was always asked to make trips to get products and called in for meetings but never compensated for her time. All products were supplied by the spa.

So upon my wife advising the owner that she was quitting because lack of steady business and comments regarding closing the hair side of the spa down, my wife was advised that she is not to contact any clients and that if she did so, she would take legal action. Please note that there was no contract of any kind signed. So my wife sent out a text and card to all of the clients that she has worked on just saying she had relocated and if they would like to schedule an appointment to please contact her. Apparently one of the clients brought in the card to the old owner and my wife was sent another text saying this is her last warning.

The very next day, one of my wife’s friends/clients that she has been doing for a long time called her to make an appointment and advised that she had received an email from the old salon stating that My wife was no longer employed at the salon and that she is offering all clients a 50% discount off of hair and free partial facial.

I personally feel that this is a low blow seeing how my wife did not stoop to that level and only sent out a card saying she had relocated. Is there anything that can be done to my wife for sending the cards or any advice you can give on how we should respond to the owners threats?

I appreciate everyone’s time and look forward to your responses.

The concerned husband,

Joe

These are some of the comments contributed by fellow professionals.

“The salon and your wife don’t own clients they get to decide for themselves. The old owner is all bark no bite”

“She should count her losses and move on. The clients who are loyal will follow her. It’s useless to fight with unreasonable people and it sounds as though her former employer is clueless. She’s not under a contract so your wife can contact whomever she pleases, the consumer will make a choice.”

“There was nothing written in contract, and actually, the employer can get in deep trouble for charging rent AND being considered having an employee. You can’t be both. It’s too gray- she was not paying your wife’s employment tax, yet treating her like an employee. Legally, your wife would have been responsible for everything, supplies etc. she charged her rent to get past paying her employees taxes/minimum wage. Of course the owner wanted to try to retain the clients but since there was no non compete….. id tell your wife to tell her former salon that if she doesn’t stop harassing her, she will report them for unfair labor practices.”

“All you need to do is tell the old salon owner that you will be filing an SS-8 with the IRS to determine if your wife was in fact an commissions or a booth renter and if it’s found that your wife was an employee, then the salon owner will be responsible for back taxes AND will most likely be fined by the IRS for tax’s. You may share this website for verification to the salon owner so she doesn’t think you aren’t meaning business. Whether you actually do it or not is up to you. It appear as if your wife has been classified and you probably should file. You won’t need a lawyer if you get the IRS involved. You can also file with your state’s labor relations board. They aren’t quite as effective as the IRS, though. This is serious business with the IRS. They do not like to be fooled by the tax payers! As someone who has had to deal with them over an unemployment insurance issue, trust me…they have no mercy! (I’m all legit now! I pleaded no knowledge and they let me get away with it once! I had to pay a pretty stiff fine, though!) Don’t be afraid to let the salon owner know that you aren’t afraid to call the IRS. Quite honestly, your wife should not have had to pay taxes all these years.”

SAD!!!

This is the Beauty/Cosmetic Industry. If no contracts were signed she has every right to contact the client. Also the owner has every right also. If the harassment continues from the owner such as the emails stated. Please acquire a cease and desist order against her. And then enjoy your lives. These tactics from the owner are ol school tactics of intimidation. But the owner has every right also just like the employee to keep the business. Since she provide the clients to your loved one. Two way street, this is beauty business and this is how it goes. Its like a whores business, Pimp and Prostitute. It will never change. sir. Primitive industry. Good days, really? It is a lovely craft, but after making 2 documentary’s of the industry. Nothing has changed. Its a free for all. Yes the only way of changing the industry is being a mentor and a role model. Many good MEN and WOMEN are used in this industry. You are really seeing the corporate slavery now. It is hard for all the youngsters coming out to make a living. On the payroll percentages corporations and independent owners are paying. So many professionals I see are taken advantage of. All for GREED, Disgusting.  I don’t see this profession as a viable form of income. Anymore. Unless you are with a Union or the Film/Entertainment Industry. But I love the craft you can always keep learning. I like craft more now since I do makeup and photography and films. You can really learn a lot combining the three crafts. I now just concentrate on the craft. I no longer friend people in the industry. I have found out anyone can be anyone on the internet. So I surround myself with like minded people and stay away from the so called “Stars”.  Internet stars that is! lololol