Category: Industry News

The industry is ever changing here are some various topics in the Industry! Good and Bad

False Advertising L’Oréal Settlement Notice!

~ Joseph Kellner
The Beautiful LieS
The Beautiful LieS

The reason for this lawsuit for false advertising. This is for certain of the L’Oreal products such as the Matrix, Kerastase, Redkin and also Pureologiy. Apparently there was some misleading words in the ads for these products. The original lawsuit is known as the Richardson v. L’Oreal USA Inc. The misleading information was that these products could only be obtained at salons. They were also available in other stores besides the salons. You can get some kind of compensation if you bought the products in the United States and you live in the United States. This purchase should be for your personal use at home and you should have bought the products after August 30, 2008. If this applies to you, you can find out more about this case at the http://www.LOrealSettlement.com site. Right now this is just a basic site with just very little information. In fact the only information you can get right now are the documents.

The documents that you can download include the complaint, the notice, summary notice and the agreement. You will be able to download the documents and view them. I would suggest that you download and view the notice if you have not seen one. This is what will give you the most information. Look at the full notice first. You will find a list of legal actions that you can take and what each legal action means. You should definitely figure out what legal action you should be taking. I would suggest that you decide what you want to do in the case. Go to the http://www.LOrealSettlement.com site and look at your options.

Due to the L’Oréal Hair Product Class Action Lawsuit Settlement, the company will remove certain language about the products. The information that will be removed will be the information on where the products are sold and distributed. The L’Oréal Hair Product Class Action Lawsuit Settlement has not been approved yet. When and if it is approved, your being in the class will mean that you will release the company from all claims and you will not be able to file a new suit against the company on the same issues that this case resolves. Usually, the only way that you can sue them for the same issues is if you decide to remove yourself from this case. When you do that, you will not get any payments and you will not be able to object either. However, in this case, you will not be able to exclude yourself. So your only option is to receive the benefits.

You can object if you want. You will have to submit a form before September 11, 2013. You will have to file this to both the court and also the class counsel. You also must submit your objection to the company’s counsel. You can get all their information in the full notice. There are a number of things that you will have to include in your request. This includes the title of the lawsuit. Then you must include your full name, your complete address and also your phone number. Then you will have to list all the reason for why you are objecting to the case. You must also include the names of any lawyers whom you have hired to represent you. You do not have to hire lawyers of course if you do not want to. Also, if you want to hire lawyers to represent you during the Fairness Hearing, then you must provide those names too. Again, you do not have to hire any lawyers to represent you at the Fairness Hearing. You can also call people to testify at the Fairness Hearing. If you are going to do this, you must provide their names in your request to object.

The legal counsel who will represent you will be paid a large amount of money. This amount will not exceed $950,000. The class representative are the plaintiffs. They will get $1000 each. They will get more than you because they were the ones that filed the original lawsuit that ended up in this settlement. This means that because of their original efforts, you are benefitting by getting some payment. The Fairness Hearing will be held on October 11, 2013. This will happen at 9 a.m. in Washington D.C.

L’Oréal Settlement Notice

Overview
A proposed Settlement has been reached in a class action lawsuit titled Richardson et al. v. L’Oréal USA, Inc., 13-CV-508 (D.D.C.), involving L’Oréal USA, Inc.’s (“L’Oréal”) marketing of shampoo, conditioner and styling products under the Matrix®, Kérastase®, Redken®, and Pureology® brand names (“L’Oréal Products”).

The plaintiffs in the lawsuit allege that the L’Oréal Products were falsely and misleadingly marketed using a claim which may be read as suggesting availability for purchase exclusively in professional salons when consumers can purchase these products in major retail outlets where professional salon services are not available.

L’Oréal denies any wrongdoing and liability whatsoever.  L’Oréal contends that the L’Oréal Products are manufactured and marketed with the intent that they be sold exclusively through professional salons and other authorized channels. 

The parties have agreed to settle the lawsuit to avoid the costs and uncertainty of continued litigation.

L’Oréal Brands Covered by the Settlement 
Matrix®, Kérastase®, Redken®, and Pureology®.

The Settlement Class
If you live in the United States and have purchased a Matrix®, Kérastase®, Redken®, and Pureology® product for in-home use on or after August 30, 2008, you are a member of this Settlement Class and this Notice applies to you.   

For more information about the Settlement, please see the documents below.
            To view the Complaint, please click here.
            To view the Full Class Action Settlement Notice, please click here.
To view the Summary Class Notice, please click here.
            To view the Settlement Agreement, please click here.

Dreams?

~ Joseph Kellner
The Real Hair Truth!
Being broke is BAD. Really BAD. Have You ever had a dream? A wonderful dream? But You are too broke to implement it? Too tiny to do it? Too small to accomplish it? Damn! I’ve been there too many times! But you can get it done my friends!
Life is tough opportunities will pass you by, just because you are a NOBODY. People will want your products but NOT YOU. Its a tough world.
If you aint already …famous, or rich or “connected”, you will find it rough. Doors will be shut on you. People will steal your glory and crash your hopes.You will push and push. And yet NOTHING WILL HAPPEN. Trust me my friends, I know your plight.

And then your hopes will be crashed. You will be broke. Damn broke. You will do odd jobs for survival. You will be unable to feed yourself. And yes, you may end up sleeping in the streets, washing yourself in a toilet, eating food from a dumpster, sleeping behind some shrubbery. Thinking of ways to go from one meal to another. It happens. Yes, it does.

BUT NEVER LET THEM CRUSH THAT DREAM. Whatever happens to you, Keep Dreaming. Even when they crush your hopes, Keep Dreaming. Even when they turn you away, Keep Dreaming.
Even when they shut you down, Keep Dreaming.

NO ONE KNOWS WHAT YOU ARE CAPABLE OF EXCEPT YOURSELF! People will judge You by HOW you look. And by WHAT You have. And also in this industry, WHO you know. Screw them all.
But please, Fight on! Fight for Your place in history. Fight for your glory. NEVER EVER GIVE UP!

Even if it means selling all your clothes and sleeping with the dogs, ITS OKAY!
But AS LONG AS YOU ARE STILL ALIVE, Your STORY IS NOT OVER. TRUST ME MY FRIENDS!

Best Regards
Joseph

Keep Up the Fight. Keep your dreams and hope alive. Go get it.

Beauty Industry Entrepreneurs, who supports them?

~ Joseph Kellner

Beautiful Lies

You know what is amazing in my industry you can tell the “sheepple” the truth about their industry but they are still sheep. There are a lot of followers in my industry but the people I highlight in my film are true entrepreneurs. They are trying to make a difference within their profession. The manufacturers, so-called organizations, industry websites and magazines go ahead and advertise the (Icons) of the  beauty industry. Don’t get me wrong I love my craft, but the people they advertise as “Icons” are the ones who are doing the brain washing for the financial pyramid, within my industry. I always tell my friends or they ask me, Why do you make these films? There is no money in it!. Or I love this one, You will never make a name for yourself in this industry. I am not looking to be in an beauty industry magazine or website, etc. I follow my own path. God said to us all, “Follow the path less traveled”. And it is true, you have to be your own man or person in this world. And the main moral or value to this is, “Do what you feel is right”.  I have never been a follower in my life, I have my own business (Salon), and I enjoy writing and making Documentary’s.

I am not the best, but I learn from my prior mistakes and enjoy critics.

In my industry the major manufacturers sell to the commercial sector which is basically the consumer.. There was a time when all good hair care products, hair color, hair color treatments were done in the salon and sold only in the salon. This gave our profession more value more respect. But with the birth of the internet. Beauty manufacturers gave notice and realized that they could also sell their products and hair color to the world with little or no expense. Just build a web page and purchase a domain that has nothing to do with the parent company and sell and give next day delivery to the consumer. Little did they know how bad of a hurting they have done to my beauty industry.  Now in the year 2013 you can buy hair color, treatments and such on the internet. And these are the same products that are used in hair salons all over the United States. Yes even the hair color can be bought on the internet and delivered next day to the consumer. Even the keratin treatments can be bought on the internet. So as time went by little did they know (Major Manufacturers) were putting a hurting on my industry. The economy in the U.S is horrible now and clients will say to you I am living up north for a few months can I get my formula. And the hairdresser will give it to them, only to find out they never see them again. They now have the formula and can do it at home. So many professionals will give the manufacturer their loyalty, and there undivided devotion and purchase hair color, etc. from them.  But at the same time knowing the manufacturers make a hair color for the commercial sector to buy.  L’Oreal, Clairol, you name it. So where is the exclusive from the manufacturer to the salon owner or professional? Why would a salon professional buy from a manufacturer and basically they are competing for business with the manufacturer!

Where is the Manufacturer Loyalty?

There is none. And the sad thing about it is the so-called professionals will back up these manufacturers. They don’t realize that putting up a sign on the salon window from L’Oreal, Paul Mitchell, Clairol, that are giving the company free advertising. And they will carry these lines even though they are sold in the mass market. You are in competition with the manufacturer wake up everyone!

Some industry professionals make their own product lines, books, films, makeup etc. These entrepreneurs feel why not put the money in their own pockets instead of supporting the financial pyramid in the cosmetic industry. But it is hard for them to start-up. In an industry dominated by major manufacturers. The manufacturers can buy the movie stars,  do mass marketing etc. Which takes money, money, money. The entrepreneur will either formulate or private label the product line and then finish it. And hopefully will have the finances placed aside for marketing. A lot of entrepreneurs will do it in there local. Which will save on shipping for them.  Business is Business, I accept that. But in my beauty industry, magazines, websites, hair shows will go to the major manufacturers and have them buy advertising space, booth space at their hair shows at monumental prices. The magazines, websites, hair shows do that and charge them. Knowing they can pay that kind of money. The entrepreneur cannot do that.  And those funds sustain the beauty magazines, websites, hair shows. If they did not charge those fee’s they would not have their websites or magazine. Major manufacturers will also pay the magazines, and websites hair color or products’ in place of cash for their payment. The beauty industry magazine’s and websites will go ahead and sell those products’ online to get their money back for the advertising bought by the manufacturer. Believe in what I say soap in this industry is GOLD. An entrepreneur cannot do that so basically who is giving the small guy in the industry a bone? They learn to network together. They follow like-minded people and they blossom. Believe me not to the extent of the “Big Boys”. Because the major manufacturers will keep an eye on them!

Should we not be advertising the new in my professional or keep up feeding the Major Manufacturers who place chemical that are harmful in out products. They are kings of deceptive marketing. And they know how to stretch the law. No worry’s for them. If they get fined by OSHA, or the FDA. It will not even be penny’s to them.  So where does the little guy come in? They cannot afford the fee’s for advertising in an industry magazine on a consistent basis, hair show fee’s are huge, and industry websites only back the big boys on the beauty/ cosmetic industry. Rolling out a spread in an industry magazine for a few months can be the total amount of finances an entrepreneur has for the year. The entrepreneur is done after that. Time to hit the pavement and go door to door.

It’s all a big money pit for everyone except for the little guy (Entrepreneur) in the beauty industry.  They have to tooth and claw for what little they have in my industry.  God forbid you piss off the Big Boys they will stop financing the magazines and hair shows. Then what will we have, I can tell you a true beauty industry. Forget about it. It’s a money pyramid, not even the beauty industry’s so-called organizations could even have the slightest clue. If you look at the PBA most of the board are from manufacturers.  There too busy buying up hair shows and asking for financial help from the Big Boys so they can sustain themselves. They should teach in beauty school how to be your own man. The  entrepreneurs are scattering for the meager pieces of cheese that drop down from the top. And the sad thing about this is the industry professionals are the sheeple in an industry that rapes them each and everyday! They are mere salesmen and women for the Big Boys.

Ask yourself, “Who really is the ASSHOLE, the Manufacturer, Website or Industry magazine.  Who advertise these Big Boys who are sticking it up your ASS each and everyday.

Or is it the Asshole who makes the films to let you know who really is concerned about you.

So tell me who is really the asshole here.?

God forbid we stand up for the right things in our profession.

Best Regards Joseph Kellner

Real Hair Truth L’Oreal to Shelve ‘Salon Only’ Tag for Products!

~ Joseph Kellner

WASHINGTON (CN) – L’Oreal can settle false advertising claims over supposedly salon-only products that are sold in stores by changing its labels, a federal judge ruled.
Alexis Richardson had led a class against the cosmetics company on behalf of consumers who purchased L’Oreal’s Matrix Biolage, Redken, Kerastase and Pureology products after August 30, 2008.
The April 2013 complaint alleged that L’Oreal deceptively labeled the products as “available only in salons” while nevertheless stocking them in Target, Kmart and other non-salon retail establishments.
“Plaintiffs allege that the salon-only label implies a superior quality product and builds a cachet that allows L’Oréal to demand a premium price,” according to the settlement-approval ruling filed Thursday.
The plaintiffs had filed the suit in Washington, D.C., after resolving related claims from an earlier action in the Northern District of California.
“In the course of those negotiations, L’Oréal provided plaintiffs with extensive documents and information relating to its anti-diversion and labeling practices,” U.S. District Judge John Bates wrote.
“But plaintiffs allege that, despite L’Orèal’s efforts, the products are available in non-salon establishments, and argue that L’Orèal’s labeling and advertising for these products is hence deceptive and misleading.”
As part of the settlement, class representatives can petition for no more than $1,000 each, and L’Oréal will pay up to $950,000 in attorney fees, costs and expenses. The settlement otherwise provides only injunctive relief.
In his approval order, Bates explained the class’s reasons for not trying to certify a damages class.
“First, assessing the value of the salon-only claims to consumers would be difficult, and L’Oréal has never attempted to do so,” the ruling states. “Second, assessing damages on a class-wide basis would be even more difficult – the information provided during the negotiation process revealed substantial price variations among retailers and in different regions, and indicated that non-salon retailers often sell the products at a lower price than do salon retailers, making damages to those purchasing the product in non-salon establishments difficult to analyze.”
Bates said he would defer to counsel’s assessment.
“And class members will retain their right to seek damages in individual actions, dispelling many concerns about foregone payments,” he added. “In these circumstances, an equitable-relief-only settlement may be approved.”
If the settlement wins final approval, L’Oreal will remove the “salon only” label from all of its U.S. advertising and labeling on products distributed in the states.
It will also discontinue manufacturing the labels for its U.S. products, and it will remove the “salon-only” claims from its websites and from any promotion materials.
Both parties have agreed to publish legal notices in USA Today for one week, referring class members to a website that contains a copy of the proposed agreement. Any objections to the settlement must be filed before the Fairness Hearing on October 11, 2013, when the final settlement will be approved.  It seems L’Oreal will get off easy for all the damages they have done to the so-called professional beauty industry.  Their anti- diversion rhetoric is a bunch of bullshit. And always has been.  Too late, Too little the damage has already been done!