Category: Haircare Advice

Haircare advice from Joseph Kellner.

Is Ulta Repackaging and Reselling Used Makeup to Consumers? A New Lawsuit Says Yes

~ Joseph Kellner

A new lawsuit filed in Chicago last week alleges that beauty giant Ulta has been repackaging and reselling used makeup to its unsuspecting customers for years.

Attorney Zimmerman represents Meghan Devries, a Chicago woman who works in the beauty industry. She became suspicious about some of the products she purchased from Ulta.  A woman claiming to be a former Ulta employee first brought the allegations to light in early January. Posting under the Twitter handle @fatinamxo, she wrote that whenever a customer returned a product, employees were instructed by Ulta to repackage or reseal the item and put it back on the shelf for sale. This practice, she said, included everything from makeup to hair and skin-care products, fragrances and hair styling tools.

She said that makeup palettes, for example, were cleaned up so that they looked new and returned to the shelf for reselling, unsanitized. She then shared screenshots of other Ulta employees making the same claims. Those tweets were cited in the class action complaint (pdf) Zimmerman filed in Cook County, Ill., last week. The suit also cites the claims of former employees that Ulta has a limit on how many returned items can be thrown away. “Managers will take used products out of a damaged bin, and if they look good enough to resell, they’ll put them back on the shelves and resell them so they don’t exceed their quota,” Zimmerman told ABC7.

He said that some of the products purchased from an Ulta store on North Michigan Avenue in Chicago seemed to have been previously used, including eye shadows missing a brush and face cleansers that were already open. Those products, he said, could have pathogens on them that remain for weeks. “There is E. coli and Klebsiella bacteria, which is commonly found in intestine and expelled with fecal matter,” Zimmerman said.  Zimmerman told ABC7 that the goal of his lawsuit is to change the alleged company practice that limits the number of items that can be thrown away, as well as to provide compensation for customers who may have bought used products.

Monat Class Action Lawsuit Already

~ Joseph Kellner

 

A new class action lawsuit alleges that Monat Global Corp. promotes its hair-care products as being able to help growth, but consumers say they actually lost hair and experienced irritation after using the products.

Lead plaintiffs, Trisha Whitmire and Emily Yanes de Flores, allege in their class action lawsuit that they and others purchased Monat hair care products because they were promised aid in hair growth and health; however, say the plaintiffs, the chemicals in the products actually lead to increased hair loss. They say the misrepresentations are part of a scam by Monat to get consumers to purchase even more expensive products from them. Both plaintiffs allege that they experienced significant hair loss after investing substantial sums in Monat products. They say they brought their concerns to the company, but were told they were going through a “detox” process and would see healthier hair if they continued to use the Monat products. They say the company also pointed the finger at suppliers when they continued to complain.

“Shamefully, hair loss claims are met with unsubstantiated claims of a ‘detox’ period that will cause increased hair loss before the purported benefits of Monat hair care products accrue or worse yet, suggestions to spend more money on still more expensive Monat haircare products,” the Monat class action lawsuit states. Frustratingly, allege the plaintiffs, the hair loss does not stop, even after consumers stop using the Monat products. According to the Monat class action lawsuit, Monat advertises its products as “naturally-based” and “safe.” The plaintiffs say they were drawn in by claims that the hair care products were “suitable for all skin and hair types.”

Further, allege the plaintiffs, Monat claims that their products stop hair loss and aid in regrowth. The website, according to the complaint, touts chemicals used in Monat products as clinically proven to provide a “significant decrease in hair loss effect and increase in hair regrowth.”

“In fact, MONAT Hair Care Products use numerous harsh chemicals and known human allergens. As a result of the defective nature of the MONAT Hair Care Products, they were and are unfit for their intended use and purpose,” the Monat class action lawsuit claims. According to the class action lawsuit, many other consumers experienced the same problems and misleading responses from the hair care company; however, Monat, a multilevel marketing scheme, has scrubbed customer complaints from the internet. The Monat class action alleges that the wealthy family running the business has even sued a woman who set up a Facebook page for those who suffered hair loss after using Monat.The plaintiffs seek to represent Monat hair care users who purchased the products since Jan. 1, 2014. The plaintiffs are seeking damages as well as a court order stopping Monat from allegedly misrepresenting their product to the public.

The consumers are represented by Brian W. Warwick and Janet R. Varnell of Varnell & Warwick PA, Charles J. LaDuca and William H. Anderson of Cuneo Gilbert & LaDuca LLP, John A. Yanchunis of Morgan & Morgan PA, and Joel R. Rhine and Dara Damery of Rhine Law Firm PC.

The Monat Haircare Products Class Action Lawsuit is Trisha Whitmire, et al. v. Monat Global Corp., Case No. 1:18­-cv­-20636, in the U.S. District Court for the Southern District of Florida.

ClassAction.com filed a lawsuit against L’Oreal and Matrix

~ Joseph Kellner

Always in trouble they are, in a industry were you have manufacturing deception and price gouging. It come to me this is the same old same old crap in my industry.  I was once told when I entered in the beauty its a ‘whore’s business”, or the beauty shows are “flea markets”. That was the best advice and description I could have ever have gotten. And as time has past in my 30 years I see nothing has or will change in my industry. Shop to you drop are the ‘Beauty Shows”. It’s all soap my friends with maybe a little oils, or fragrance. That”s all it is.  So as usual the manufacturers will say anything advertising wise to make a sell to you as the consumer and as to me the professional. I never fall for it anymore.  It has been a very long time since I have been to a “hair show – flea market” that I have lost my respect for the manufacturers. Also they are filled with “snake -oil” salesmen and saleswomen to be correct.  Buy this and buy that will be the first impression from them, I once did a documentary called ‘The real Hair Truth” and we had a few snake oil sales men in it. These are people who will go from company to company selling there “speal” to them for a paycheck. And offering there devotion to them for a few nickels. Most of them do it because of a over sized ego. And most of them there work looks no better than a beauty school drop out. But the manufacturers will place anything on a bottle or label.  Its makes no difference to them if they get caught they will pay penny’s on the dollars in civil court. big Deal, no worry’s maybe they will say a batch of products did not have the “SECRET INGREDIENTS”. MERELY A TECHNICAL GLITCH WITH THE FACTORY MACHINERY.

In the latest case of a company allegedly promising ingredients and benefits its products do not offer or contain, last week ClassAction.com filed a false advertising lawsuit against L’Oreal USA and Matrix Essentials over an array of hair products that appear not to contain the protein keratin.

The products cited in the complaint are the following:

  • Matrix Biolage Keratindose Pro-Keratin + Silk Shampoo
  • Pro-Keratin + Silk Conditioner
  • Pro-Keratin Renewal Spray

The 39-page complaint—filed in the Southern District of New York on January 26, 2017—states:

Through its uniform, nationwide advertising campaign… Defendants have led consumers to believe that their Keratindose Products actually contain keratin and will confer the claimed benefits of keratin to the consumer.

In reality, the Keratindose Products do not contain any keratin at all and are incapable of providing the claimed benefits of keratin to the consumer.

The complaint states that the products’ labels are “false, deceptive and misleading, in violation of the Federal Food Drug & Cosmetics Act and its parallel state statutes, and almost every state warranty, consumer protection, and product labeling law throughout the United States.”

The plaintiffs seek relief for damages, for the defendants to stop engaging in the deceptive advertising alleged in the complaint, and any other relief the Court deems just and proper.

Click on the link to download the file to read. Loreal_Matrix_Keratin_Lawsuit(1)

I am not surprised at all with the lawsuit, but what is surprising to me in my industry we have this so called organization called the “PBA” PROFESSIONAL BEAUTY ASSOCIATION.  THEY DO NOT SAY A PEEP ABOUT ANY OF THESE LAWSUITS OR DO ANY INVESTIGATING AT ALL. BECAUSE THEY ARE IN BED WITH THE MANUFACTURERS.  They tought themselves as the watch dawg’s for the beauty business. Basically if you join them they charge you $300.00 for membership and give you a 10% discount on a hair show.  I call them the Professional bullshit association. They do nothing for the professional but they will sure do a lot for the manufacturers. And anything to do with Licensureship, anything that will hurt the manufacturers schools or state boards they will jump on in a minute. Because if they reported the truth about the industry they would lose manufacturers dollars. They use that to sustain themselves. With out that they would be history. Good day everyone.

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.

The Real Hair Truth

~ Joseph Kellner

 

Are you doing something about it in your business?

Yes you can go into these super stores of beauty and just about find anything you want inside of them.  Perfumes, cosmetics, makeup, hair care, even hair color. They have a salon to also get you hair styled and whatever else. But to the real professional who has some form of professionalism inside of them. It is merely a flea market like the hair shows.  So how could you work in a company who sell boxed hair color to the consumers coming into the store. And then at the same time work in their salon. I would love to know. That to me is a sign of being in competition with your employer.

But the days of loyalty are gone. That is from a manufacturer and as I might also say from the consumer also. Pity my profession. A lot of the profession has been sliced and diced. You have nail salons to go to, Spa’s to go to. And now Salons who go ahead and offer Blow-Drying and Makeup also. The day of the salon being the place to get your beauty needs done are over. This also increases a lot of competition with in the industry with the professionals. Too many stores create an over saturation of the industry.

Leaving many professionals with out jobs and too much competition.  Nothing wrong with that but from the studio I work at by myself there must be at least 20-30 booth rental and salon advertisements to compete with. Salons now are a dime a dozen. Every strip mall built-in Orlando has a dry cleaner, salon and liquor store in them. Too many salons and too many places to purchase my professional tools, products etc.  But within my industry there are a few factions who bestow the honor of calling themselves “Representatives Of Our Beauty Industry”.  They want you to think they are there for you, but they are merely representatives of the manufacturers.

These organizations who charge over $300.00 to join say they are the “Professional Beauty Association” To represent you on all and every issue governmental to state rulings and passing of laws concerning the Beauty Industry. Believe me everyone they are a scam also. especially when the are buying the hair shows up. I always thought that if you are an oversight committee that you should remain neutral in your preferences within the Beauty Industry. But sit back and investigate for yourself and you will find out they do nothing for you as a professional in the Beauty industry.  Other than giving you a discount to their hair shows.

So many in the industry are keen to my voice and other voices have raised up to take part in informing the professional what it is all about “NOW”. Many new independent company’s are forming and the  Independent social media has taken a HUGE chunk in the education and commentary aspects of the industry. Bravo!  Informing others who and what is really out there now in the industry and who is for the industry etc. A few years ago I seen this gentleman come out of the shadows and live off his daddy’s coat tails. Selling a new product for all in the industry. Claiming,” this will change the industry” my new shampoo and conditioner.. Take it from me when some one speaks of that nature they are merely a “Snake Oil Salesman”. He made a little money but what sold it was is daddy’s last name. This guy didn’t know the difference from a hair pin and a bobby pin. But since he USED his daddy’s name he sold a few bottles and made his money and “WALLAH” he took a boogie out of the industry. Never to be seen again. I can still hear him laughing.

Times change and so do people, this was a very important to me to say a few words. I don’t lose sleep over these action anymore within my industry. I take it for what it is and how it could have been stopped, but never was.  I hold my “CRAFT’ in high regards but when it comes down to the “ELITES” of my industry there words and praises me little to me.  I used to have mentors but that is a big word to me now, which holds a lot of respect but from what I see none can fill those shoes.. Now I just have one mentor and he is the greatest of them all.

Trust me he wont sell me out.

And that’s how I feel.   The Real Hair Truth