Judge Rejects ‘Unfair’ L’Oréal Hair Product Class Action Settlement! Greed to the Lawyers!!!!!

25 Dec 2013 ~ Joseph Kellner

A federal judge on Wednesday refused to grant final approval to a class action settlement over claims that L’Oréal USA Inc. included misleading labels on some of its hair products, finding that the proposed settlement was not fair to the majority of Class Members.

Plaintiff Alexis Richardson initially filed the class action lawsuit in April, alleging that L’Oréal marketed some of its high-end hair products as “available only in salons,” even though they were sold in stores such as Target, Walgreens and other retail stores. Richardson argued that this labeling implies a superior quality product that allows L’Oréal to charge a premium price.

The L’Oréal hair product class action settlement was preliminarily approved on June 27, 2013. Under the terms of the proposed class action settlement, L’Oréal would be barred from marketing its products as “salon-only.” The proposed class action settlement did not offer Class Members any monetary award and precluded them from filing another class action lawsuit seeking monetary damages from L’Oréal in the future. Several Class Members filed objections to the class action settlement, arguing that the terms were unfair.

U.S. District Judge John Bates agreed with the objections, finding that the L’Oréal class action settlement would pay the attorneys for earning Class Members only a “limited” benefit. Judge Bates found that the class action settlement was unfair because the attorneys would be compensated while the majority of Class Members would not receive a monetary award, and consumers would be prohibited from seeking damages as a class, even if they had previously been unaware about this class action settlement.

“The settlement provides no monetary relief while rewarding counsel handsomely,” Judge Bates said in his Nov. 6 decision. “Moreover, the result achieved here could be characterized as worse than ‘settling’: Counsel seeks to release class members’ originally asserted classwide damages claims for precisely nothing. Regardless of the implications for calculating attorneys’ fees, the amount requested by plaintiffs and agreed to by L’Oréal creates the impression of unfairness.”

The L’Oréal hair product class action lawsuit initially sought monetary damages, but the claim was dropped during the settlement negotiations. While the class action settlement released L’Oréal from all future class action lawsuits related to the “salon-only” marketing issue, it did not release the company from individual actions.

Judge Bates found that the probability of a small monetary reward would prevent individuals from taking legal action against L’Oréal. Further, the class action settlement would essentially bar individuals who were unaware of the class action lawsuit from seeking monetary damages.

“It does not comport with due process to bind a plaintiff who is not before a court, and who is perhaps even unaware of a judgment, as to money damages claims, without notifying her of the suit and giving her a chance to opt out,” Judge Bates said. “Otherwise, that plaintiff might be surprised to learn that someone else has bargained away her damages claim without her knowing about it or having any say in it.”

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!

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