Category: Industry News

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

GIB LLC, aka Brazilian Blowout Slapped on the hands by the Feds!

~ Joseph Kellner

 

Here is the settlement!!!!!  Of course in my beauty industry you wont see this in a trade magazine, or posted by the any so-called industry website! Because it’s all about money. Advertising dollars are what sustain beauty industry publications, and independently owned websites. Behindthechair.com is owned by Loreal, and Hairbrained.me is an independently owned website. Advertising dollars are what sustain these entity’s. Modern Salon is owned by Vance Publishing Corp, and it goes on and on. Why would they write anything negative or truthful about the industry when they can potentially get the money from a manufacturer to have them buy future advertisement in their magazines or websites. It’s not about protecting you as a professional or informing you in a neutral way. It’s all about the coporate dollar, Not your health! The professional beauty industry preys on the non-educated, just like the cosmetic industry preys on the non-educated consumer.

The settlement requires GIB, LLC, which does business under the name Brazilian Blowout, to cease deceptive advertising that describes two of its popular products as formaldehyde-free and safe. The company must also make significant changes to its website and pay $600,000 in fees, penalties and costs.

“California laws protect consumers and workers and give them fair notice about the health risks associated with the products they use,” said Attorney General Harris. “This settlement requires the company to disclose any hazard so that Californians can make more informed decisions.”

Today’s settlement is the first government enforceable action in the United States to address the exposures to formaldehyde gas associated with Brazilian Blowout products. It is also the first law enforcement action under California’s Safe Cosmetics Act, a right-to-know law enacted in 2005.

In November 2010, the Attorney General’s office filed suit against GIB, LLC for violating five state laws, including deceptive advertising and failure to provide consumers with warnings about the presence of a carcinogen in its products.

The settlement covers two products used in a popular salon hair straightening process, the “Brazilian Blowout Acai Smoothing Solution” and the “Brazilian Blowout Professional Smoothing Solution”.

The complaint alleged the two products contained formaldehyde but were labeled “formaldehyde free.”
Proposition 65 requires businesses to notify Californians about certain exposures to chemicals in the products they purchase. Formaldehyde is on the Proposition 65 list of chemicals known to cause cancer.

The complaint alleged that that GIB – the manufacturer of the Brazilian Blowout products – did not inform customers or workers that formaldehyde gas was being released during a Brazilian Blowout treatment, and therefore product users did not take steps to reduce their exposure, such as increasing ventilation. Under the terms of the settlement, GIB is required to:

– Produce a complete and accurate safety information sheet on the two products that includes a Proposition 65 cancer warning; distribute this information to recent product purchasers who may still have product on hand; and distribute it with all future product shipments. The revised safety information sheet — known as a “Material Safety Data Sheet,” or MSDS — will be posted on the company’s web site.

– Affix “CAUTION” stickers to the bottles of the two products to inform stylists of the emission of formaldehyde gas and the need for precautionary measures, including adequate ventilation.

– Cease deceptive advertising of the products as formaldehyde-free and safe; engage in substantial corrective advertising, including honest communications to sales staff regarding product risks; and change numerous aspects of Brazilian Blowout’s web site content.

– Retest the two products for total smog-forming chemicals (volatile organic compounds) at two Department of Justice-approved laboratories, and work with DOJ and the Air Resources Board to ensure that those products comply with state air quality regulations.

– Report the presence of formaldehyde in its products to the Safe Cosmetics Program at the Department of Public Health.

– Disclose refund policies to consumers before the products are purchased.

– Require proof of professional licensing before selling “salon use only” products to stylists.

GIB will also pay $300,000 in Proposition 65 civil penalties, and $300,000 to reimburse the Attorney General’s office fees and costs.

No Beauty License? Quite a Scare Tactic Used On The Industry Sheep!

~ Joseph Kellner

 

So much misinformation is going around the beauty industry of how Licensurship  is going to take the cosmetology profession down the drain. Well in my view it already is! I feel quite differently about the subject. In several states there are plans to not have Cosmetology Licensurship NOT  needed anymore.. Just last week the same desperate so-called beauty industry cons went ahead and spreaded their thoughts about how this would damage our industry. Check out some of the videos made by (Tabitha) on television who knocks down salons by not doing it her way each and every week. She loves to say this will take us back to the stone ages by spreading her knowledge and scare tactics on the sheep of the industry.

Why would you think a license makes you professional? You are the PROFESSIONAL not the piece of paper. The salon professional and salon owner can police their own actions from within. You don’t need a license to purchase hair color, permanent waves, relaxers etc just go on the internet. The manufacturers make them available to the consumer selling you out and sweeping away your values and commitments to them out the door.

MONEY, MONEY WAKE UP!

 But to no haste you will find out that the PBA (Professional Bullshit Organization) will do it”s utmost to guard the financial pyramid and seek protection for the Student puppy mils of beauty college education (Paul Mitchell, Aveda) from financial destruction. Do you really think in this day and age this would not be a change in our industry, and the change will be for the better. And hopefully the United States will introduce and mandate all the perfection the Europeans have in their beauty industry for us. For many decades Europe has been the plateau of example on apprenticeships, beauty schools, and hairdressing. While the U.S. has the Photoshop example of counterfeit hairdressing by the perfect example of NAHA. Such a perfect example of poor leadership for the craft.

 But also think about how the riddance if Licensurship will make the individual so much for attuned to the craft of hairdressing, hair coloring. this may instill a pride in our profession. Yes we will get salons and organizations begging and craving for a solution.  Who’s the blame we all are, just like “WE” never took a stand on the deceptive practices of Paul Mitchel, Loreal, and all the other big named bullshit speaking manufacturers. But as time has gone by, I see the independent artists are creating their own forms of entrepreneurship in our industry. It has been a long time coming, but everyone, change is good, we really don’t need a license at all. Europeans don’t need one. And there methods of training has lasted for several decades. You will see the beauty industry supply chains jumping on this deferment of licensurship and they will likely start selling to the consumer overnight. See all the so-called bootlegged, diverted product lines that are sold in Salon Centric (Which is owned by Loreal)  will be available to the consumer. Big deal! They have been doing us wrong for decades what will happen if they sell so-called professional hair color to a consumer. You can already by the hair color on the internet.

 Hair shows will be able to sell tickets to consumers (which they always do), you will be able to do hair in your kitchen, which we are all guilty of including me. Professionalism will be represented by you, the hairdresser, colorist, makeup artist. And consumers will flock to you, just like they do now. In the makeup profession there is no Licensurship, and they seem to be able to police themselves. When you join a union as a makeup artist you take a test. Consumers know what they want, the have eyes, and senses. The ultimate decision for a service will come from them, not a so-called legal document that you receive out of beauty school.

When I took the test for my  hairdressing license did that mean I was a professional? No it didn’t, the same when I graduated makeup school I was not a professional and may I say, I was reminded that upon graduation. Did the DBPR do anything for you when we had the formaldehyde problems in our industry? No, they did not. OSHA and the FDA had to do all the work! Did the PBA do anything? Hell no! And they advertise themselves as the, “legal voice of the industry”.

BULLSHIT on THEM. 

Licensurship is a huge money-making conglomerate in our industry, for the schools and the state. Educational loans are the way to make an easy living for all and if you can start a beauty school and get state approval (accreditation) then you will get the loans. That is the easy meal ticket in my industry!  And we all see the product coming out of a Paul Mitchel school and Aveda is just the same.

And did you know Aveda is owned by Estee Lauder!! Follow the trail my friends.  

So times change everyone, will you be effected personally by this decision? No you wont, will the multi-million dollar beauty schools be effected? YES. If the states that expel the license adopt a form of apprentice ship this will rid the Paul Mitchell, and Aveda puppy mills from our industry. And when apprenticeships are taken upon the salon will and must pay the apprentice and also give them health care. Once and for all maybe an individual will be treated like a human being in our industry. College graduates upon their succeeding employment they receive a wage, sick days, 1-2 weeks vacation. Does anyone in our profession? No not at all, this way might have individuals seeing the industry for what it really is. And having the cream of the crop flowing to the surface.

I say good riddance to licensurship and lets move ahead.

Best Regards

Joseph Kellner

Unsafe Cosmetics Owns The U.S.Government!

~ Joseph Kellner

It is so amazing how little authority federal and state governments have over the estimated $30-billion annual cosmetics industry – even when there is compelling evidence that ingredients are dangerous. And are being sold to consumers left and right each and everyday. Did you know that under federal law, cosmetics companies don’t have to disclose chemicals or gain approval for the 2,000 products that go on the market every year. And removing a cosmetic from sale takes a battle in federal court. The same goes for entrepreneurs in my beauty industry. They will go and purchase a private label hair care/skin/makeup line, stamp their name on the line and promise you the world. Major manufacturers do this everyday, entrepreneurs in the beauty/cosmetic industry are well taught.

The Food, Drug and Cosmetic Act, enacted in 1938, doesn’t require FDA approval before a beauty product is sold to the public or give the agency authority to recall a harmful product. One of the biggest topics in my next film/documentary “Beautiful LieS”, involves the hair straighteners in the  beauty industry.  Billions of pounds of chemicals are produced every year to make adhesives and binders for wood products, pulp and paper products, plastics, synthetic fibers and textile finishing.  

In the United States, more than eight billion personal care items, mostly cosmetics, are sold annually for an estimated $54-$60 billion. From 2004 to 2012, cosmetics imports nearly doubled, according to FDA and industry officials. In California, where manufacturers must report chemicals in consumer products that are known or suspected of causing cancer  or reproductive effects, 700 companies reported 17,060 cosmetic products as containing one or more hazardous chemical ingredients. Unlike drugs and medical devices, cosmetics are not subject to pre-market approval or notification. A manufacturer may use any ingredient provided it doesn’t adulterate the product and it is properly labeled – except for 10 types of ingredients, including chloroform, methylene chlorine and mercury, according to FDA regulations.

Under the Food, Drug and Cosmetic Act, the FDA doesn’t have recall authority; instead it must start enforcement proceedings in federal court to prove harm. Thats how it all starts. So if you think about mega cosmetics company’s such as P&G, Loreal, Unilever these company’s have considerable financial pockets to pay attorneys. And they will argue their case in court until kingdom come. “Beauty industry professionals think cosmetics are tested for safety. They are not. It’s not like pharmaceuticals or even pesticides where some data are required. All the same, people slather cosmetics directly on their bodies, and absorb them in creams, deodorants, fragrances and shampoos, and ingest them in lipstick and gloss”.

The industry is highly resistant to regulation, and it provides zero information on the chemicals in products. In August, Johnson & Johnson announced it was voluntarily removing some chemicals, including formaldehyde, from its products. By 2015, the company promised to get rid of 1,4 dioxane, which is a probable human carcinogen, and several chemicals linked to altered hormones, including phthalates, triclosan and parabens.  The cosmetics industry has petitioned the FDA to strengthen some regulations. The industry recognizes the law needs modernizing in the global marketplace.  An overarching goal, however, is to avoid piecemeal state rules!

It’s going to be a long, hard haul before anything can happen. The current laws have created a perfect storm for these companies to continue to get away with it. And as long as there pockets get deeper they will get away with all this. And you the consumer are on the short end of the stick. It should shock consumers to hear how little regulation there is over the production and sale of cosmetic products. That the entire burden of proof is on the federal government to prove that certain products are harmful is unacceptable: we need safeguards put in place that require manufacturers to test the safety of their products before they reach the shelves, so consumers and Beauty industry professionals are not subject to poisonous chemicals. At the very least, the labeling of these products should inform consumers about the risks they take by using them. When cosmetic companies are expected to regulate themselves, professionals and consumers lose. We need standards in place to make sure that corporations—whether they are financial institutions, oil companies, commercial fishing companies, or food production plants—behave responsibly and do not threaten our lives.

 

Real Hair Truth Advice on the Cosmetic Industry

~ Joseph Kellner

The Real Hair Truth

In my next Documentary “Beautiful LieS”, I have interviewed so many Beauty salon employees, booth renters etc to make sure they know there products they use are legitimate. So many company’s will use deceptive labeling/marketing on their products. And if you do not take the time to investigate what are the ingredients in the products you are responsible for any issues that may arise during a service to your client. Yes once you buy a product from a manufacturer and a distributor you own that product. If something happens during the application and process of the product “YOU BOUGHT IT, NOW YOU OWN IT”. You cannot sue the manufacturer, they are not liable legally to any problems due to application and processing of the product! Especially if you are an independent contractor, make sure you have at least 2-3 millions dollars in insurance to cover yourself in the salon.  Watch your back my friends. I had a sale person come to my studio las week. He was selling a Keratin Product called, Bionaza little did he know I new alot about the company. I have cameras in my salon so I went ahead and switch them on. I asked the gentleman some questions about the product, and of course he promised the stars to me. And the product will split the oceans and the heavens and make my clients hair ever so dreamy. He also told me he was selling the product from a friend and this Bionaza was not from his distributor. He didn’t even have any directions on the product. And when I confronted him on how easy it is to buy the so-called “SALON PRODUCT” on the internet he quickly turned heels. Watch out for “SNAKE OIL SALESMEN”, my friends! Especially the lone wolf types, they will sell you anything, but will hastily throw you under the bus if the product does not do what it says it will do. This should be a good filmed clip for my Documentary.

SCUM OF THE BEAUTY INDUSTRY! Be Aware My Friends

The U.S. Department of Labor’s Occupational Safety and Health Administration today announced four new OSHA Training Institute (OTI) Education Centers and the renewal of 24 existing OTI Education Centers. Current OTI Education Centers offer training courses on OSHA standards and occupational safety and health issues. The new OTI Education Centers, which are non-profit organizations, will provide additional outlets for safety and health training to workers and employers throughout the country.

“This year, we have seen record numbers of requests for occupational safety and health training from the private sector and federal agency personnel,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “The renewal of OTI’s Education Centers and the addition of four new centers will help OSHA to meet this demand and deliver life-saving training to our country’s employers and workers.”

The OTI Education Centers program was created in 1992 to complement the OSHA Training Institute in Arlington Heights, Ill., which provides training and education to OSHA compliance officers. The OTI Education Centers provide training nationwide to private sector and federal personnel from agencies outside OSHA. The OTI Education Centers trained more than 40,000 people during the 2012 fiscal year, representing an all-time record for the program.

The OTI Education Centers also assist the agency in administering the OSHA Outreach Training Program and fulfilling the program’s monitoring requirements. OTI Education Centers are the principal distribution channel for Outreach Training Program trainer courses, including prerequisite and update courses. Trainer courses are offered by topic areas including construction, general industry, disaster site and maritime. Through these train-the-trainer programs, qualified individuals who complete a one-week OSHA trainer course are authorized to teach 10-hour or 30-hour courses focusing on safety and health hazards. Through the Outreach Training Program, more than two million people received training from fiscal 2010 through fiscal 2012. This is a voluntary program and does not meet training requirements for any OSHA standards.

The new OTI Education Centers were selected through a national competition announced on April 13, 2012, and published in the Federal register on April 15. Applicant organizations were evaluated based on organizational experience, staff experience, location and training facilities, marketing and recruitment, administrative capabilities, evaluation, and the ability to provide training throughout a given region. OSHA provides no funding to the OTI Education Centers. The OTI Education Centers support their OSHA training through their established tuition and fee structures and provide their own instructors and facilities. For more information on the OTI Education Centers Program, the Outreach Training Program, and the Directorate of Training and Education.

For information on the geographic areas served by OSHA’s Regional Offices, visit http://www.osha.gov/html/RAmap.html.

IMPORTANT NOTE! Make sure that when you are working in your salon that the owner or company adheres to the policy’s standards OSHA has mandated for your safety.

Your health is very important!

You may file a complaint to have OSHA inspect their workplace if they believe that your employer is not following OSHA standards or that there are serious hazards. Employees can file a complaint with OSHA by calling 1-800-321-OSHA (6742) or by printing the complaint form and mailing or faxing to your local OSHA area office. Complaints that are signed by an employee are more likely to result in an inspection.

2012 in review for The Real Hair Truth

~ Joseph Kellner

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

4,329 films were submitted to the 2012 Cannes Film Festival. This blog had 18,000 views in 2012. If each view were a film, this blog would power 4 Film Festivals

Click here to see the complete report.