False Advertising Information A Guide for The Beauty Industry!

 

Make sure that when you are advertising your brand that you know the rules of advertising.

  • Advertising must be truthful and non-deceptive;
  • Advertisers must have evidence to back up their claims; and
  • Advertisements cannot be unfair.

What makes an advertisement deceptive?

  • Is likely to mislead consumers acting reasonably under the circumstances; and
  • Is “material” – that is, important to a consumer’s decision to buy or use the product.

 Airbrushing, CSR and False Advertising: L’Oreal Ad Banned

Whether a business is an established global brand or a start-up, effective advertising and marketing can be the key to its success. All businesses have a legal responsibility to ensure that their advertising is truthful and not deceptive. And no matter where an ad appears – on the Internet, on the radio or television, in newspapers and magazines, in the mail, or on billboards or buses – the same truth-in-advertising standard applies. So when you develop a beauty product be very careful on what you say on the labeling, the advertising because you could get investigated.

What makes an advertisement unfair?

  • it causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid; and
  • it is not outweighed by the benefit to consumers.

What kind of evidence must a company have to support the claims in its ads?

Before a company runs an ad, it has to have a “reasonable basis” for the claims. A “reasonable basis” means objective evidence that supports the claim. The kind of evidence depends on the claim. At a minimum, an advertiser must have the level of evidence that it says it has. For example, the statement “Two out of three doctors recommend ABC Pain Reliever” must be supported by a reliable survey to that effect. If the ad isn’t specific, the FTC looks at several factors to determine what level of proof is necessary, including what experts in the field think is needed to support the claim. In most cases, ads that make health or safety claims must be supported by “competent and reliable scientific evidence” – tests, studies, or other scientific evidence that has been evaluated by people qualified to review it. In addition, any tests or studies must be conducted using methods that experts in the field accept as accurate.

What penalties can be imposed against a company that runs a false or deceptive ad?

  • Cease and desist orders. These legally-binding orders require companies to stop running the deceptive ad or engaging in the deceptive practice, to have substantiation for claims in future ads, to report periodically to FTC staff about the substantiation they have for claims in new ads, and to pay a fine of $16,000 per day per ad if the company violates the law in the future.
  • Civil penalties, consumer redress and other monetary remedies. Civil penalties range from thousands of dollars to millions of dollars, depending on the nature of the violation. Sometimes advertisers have been ordered to give full or partial refunds to all consumers who bought the product.
  • Corrective advertising, disclosures and other informational remedies. Advertisers have been required to take out new ads to correct the misinformation conveyed in the original ad, notify purchasers about deceptive claims in ads, include specific disclosures in future ads, or provide other information to consumers.
  • Or you end up in the next REAL HAIR TRUTH DOCUMENTARY

 

The Real Hair Truth Featured on Film Baby Distributors!

In the next coming weeks the Documentary will be featured on FILM BABY this is a Independent film makers distribution network for independent artists.  Film Baby is a haven for independent filmmakers and those that love independent film. We have a love for the intensity, honesty and integrity that comes from working on a small budget film.  The documentary will be available for digital download and also for physical purchase on the internet. Film Baby will deliver this product to your front door within 24 hours.

Film Baby deals directly with the creators of the films that we offer. We have built an outlet where film makers can expose and sell their works to a worldwide audience while keeping an average of 80% of the sale price. Film Baby makes payments to artists every week for their sales.

A link will be posted in the next few weeks for digital download!

That How It Is, Here!

I was wondering around on Craigslist and looking at the salon/spa positions available for a motivated individual to seek work in this field. There were plenty to go around for a professional to find gainful employment in our beauty industry. Here is a good listing.

You’ve spent at least 1200 hours in education, Thousands of dollars to get trained for a career in cosmetology. Maybe even started your career in a salon but just can’t seem to get it launched. Somethings missing…..Well if you’re motivated, upbeat, and ready to make things happen, then Allure, A Michael Clopton Salon is for you!
We don’t just hire you and let you fall, we work with proven systems to assist you in building your career goals. Here are just a few ways we are different from other salons…

We provide
“True” insalon education… free to you!
Teach you how to build your guest list
Onsite Paul Mitchell National Educator for day-to-day education and daily resource
Goal setting and planning
Insalon Coaching
Teach you how to turn your training into a career, not a job!

You will need…(MUST HAVE/BE)

Reliable transportation
Upbeat and Motivated Energy
A Passion to Learn
responsible and Dependable
Works well with People and is NICE!

I called this seeking information on the position. “Can you give me the information for this Position at your salon, please”.  ‘Well tell me want you are looking for”. So I explained to him which he identified himself as the salon owner that I merely asking him about the POSITION. He said “It is part-time or full-time, no benefits, no wages, no insurance, no sick pay, Not even GAS MONEY!” He also went on to say “This is how it is here”. When a future stylist is coming into the professional and also when a veteran stylist is seeking employment they need to be compensated for their time. Commission just does not cut it in this profession any more. People are paying large sums for a beauty school education. And in the modern picture we all have to pay our bills. And commission does not cut it!

If you walk off the street and go into a WENDYS Restuarant, you will receive this as a starting employee with the corporation.  

  • Comprehensive health insurance with health savings account feature
  • Optional dental and vision insurance coverage
  • 401(k) with company match
  • Life and disability insurance
  • Optional supplemental life insurance for employee, spouse and children
  • Flexible spending account
  • Payroll direct deposit
  • Employee assistance program
  • Adoption assistance program
  • Relocation assistance
  • Employee meal discounts
  • Paid vacation
  • Paid personal and holiday time
  • Service recognition programs
  • Competitive wages
  • Free uniforms*
  • Free or discounted meals
  • Flexible hours
  • Medical insurance*
  • Prescription drug coverage*
  • 24-hour nurse line access
  • Vision discount*
  • Available dental*

Additional Benefits

  • Short-term disability*
  • Term life insurance*
  • 401(k)*
  • Paid holidays*
  • Vacation*

Jon Gonzalez who writes on his own website Hairdresser Career Development Systems Likes to shuffles the buck on the New beauty school student who graduates and I quote, “Sadly many new beginners fail to maximize their full potential, due to unrealistic career and earning expectations before they even give their new career a chance to grow, they want to run before they learn to walk. Many believe that graduating from beauty school will prepare them for a competitive and changing job market. “Yeah that’s right Jon blame it on the graduating student and the beauty school”.  Either way in this industry you have bills to pay and you need to be compensated for your work. And so lets all pass the buck to these new, non educated, brainwashed individuals and say,”That How It Is, Here!”

AND FRANKLY YOU DESERVE IT!!!

 

 

Beauty Industry Professionals Have No Clue!

TALK, TALK, TALK is all I hear from professionals in the Beauty Industry. “I am against diversion”, ” I wanna make a change in my industry”. That is all I hear but in order to expose the problems we have in our industry and try to create a unity of professionals we all have to either create an organization, or an entity in the profession that represents the Salon, Stylists, and the Entrepreneur.  Banding together in thug like gangs will only give us a mediocre existence and a short-term life span. Going out to reach all the Beauty industry is no easy task. Start writing on Facebook, or creating a Blog, write a book, or make a film, start an Organization of like-minded professionals who really care about the next generations that will be joining our industry in the future. The health issue is a very large part of our industry now, and getting the word out about ingredients that are in the hair care lines will be helpful to the quality of environment the salon professional works in. It is not hard to investigate matters that concern you in the industry. But just taking the first step to try to change what you feel is important is all the game starter you need. Everything else will follow. NETWORK, with like-minded professionals, and take grasp of the topics and concerns you want to evaluate and discuss. TALKING will get you now where, it is cheap and time-consuming. Make a stand for what you believe in and have purpose in your life. Life is not about making money, having the beautiful car, or house. It is about believing in your idea’s and telling people the real truth about the real deal in their industry. 

Acting like you don’t see the changes in your industry will make you just as guilty as the members using their slick tongues to coerce you in their beliefs. Industry organizations have not CLUE to the facts of the industry only gaining money for the simple acquisition of hair shows. Manufacturers repacking their wares and telling you its new, It’s all a sham, and until you notice the true problems you can TALK, TALK, TALK all you want.  And the time you spend talking will be time they will take to AQUIRE everything they need. So many times individuals will come into our profession to only sit in a chair and watch the 12,000 to 24,000 dollars they spent in BEAUTY School education go down the drain. How many times do individuals in the profession leave only to go to college and not see our professional as a viable source of income. The BIR will report all things are good in the beauty industry, but only for the manufacturers existence not yours.

The BIR will report on  L’Oréal’s INOA hair color! Just to say they are in the boat for L’oreal God forbid they would give you the correct news about L’oreal. Lets talk about the real issues, like the banned chemicals L’Oreal uses. Now thats real news! But why will the industry not tell you about all this foolishness? Easy they want YOU TO BUY IT!! But will they advertise an up and coming Entrepreneur in the industry NOOOOOOO Way! They don’t have a marketable name. Or they were not made by a manufacturer or backed by a manufacturer

“Working in beauty industry without reading The Beauty Industry Report is like working in finance without reading The Wall Street Journal!” Is their favorite quote.  BIR will comment only on the hair care lines, or talking about how retail sales in the industry are going down, but expecting futures to drive upwards in the next quarter. Or as you see they are merely asking for another product to advertise. Or just advertising websites who sell so called professional beauty products on there site! Not really looking at the matters concerning the industry. The PBA is the largest organization of salon professionals with members representing salons and spas, distributors, manufacturers, get it right represent manufacturers. The PBA offers its members Information on their website claiming they are the “LEGAL REPRESENTATION OF THE BEAUTY INDUSTRY”. On there legal TAKE ACTION Page all they inform you about is “Talking about Female cows in Australia”. So if joining the PBA is worth $175 – $7500 as they claim. Who is really the imbecile. All of these groups are for the manufacturers, you know the ones how sell in the Grocery stores, CVS, TARGET, ETC.

Best Regards

Joseph Kellner

Toxic: A hairstylist’s story of formaldehyde poisoning!

When I started my first official apprentice job I knew that I would not stay there more than a year.  Bad education, drama, a dog running around and client services averaging 5 hours with lackluster results turned me off.  I always figured that my leaving would be based on witnessing one too many foil bleeds for my liking.  My plan was to leave once I was certain my resume was solid, and nothing could stand in the way of my next apprentice job. Everything was set.  Yet I found myself  sitting here in a daze, having just quit my job, without a clue as to what my next move will be.

The first time I ever heard of the Brazilian Blowout I had been working part-time at a salon while I was in cosmetology school. The concept sounded so amazing – reduce your frizz and tame your curls for months after one treatment! The price was exorbitant but as a curly, frizzy haired girl myself, I understood the high demand. I stared at the huge banner advertisement,  intrigued, when the apprentice next to me whispered, “They say it causes cancer …  stylists had babies with birth defects … I won’t do it if they make me.”

I soon forgot all about the Brazilian Blowout while I concentrated on my studies. Months after graduating, a former classmate of mine mentioned she was doing the blowouts for the salon she worked at and consequently was making good tips.  I found myself starting at the same salon that January as an assistant every Saturday. Excited about my first apprenticeship, I dove in with drive and determination. Anything that was asked of me, I did without a second thought.

A few weeks into my start there, I noticed how my eyes would burn terribly when the stylists would start taking a blow dryer to clients’ hair after the Brazilian Blowout formula was applied. My eyes would burn so bad that I had to step away into the stockroom. By the time the stylist moved on to the flatiron step, the clouds of fumes from the product were overwhelming. For those unfamiliar with the Brazilian Blowout procedure, the formula is applied to damp hair that has been shampooed with specific shampoo. From there the hair is dried, with the formula still on the hair, then flat ironed at 450 degrees before being rinsed out of the hair.

Around this point, the salon was getting ready for an anticipated influx of clients from a Groupon that had been run earlier, offering Brazilian Blowouts for nearly half price.  Seeing as the service averages around three hundred dollars, sometimes more, this deal attracted droves of consumers.

Instead of being known for a salon that focuses on hair color, we became known as the salon that does Brazilian Blowouts. The majority of clients booked every day were there for that service alone.  Clouds of fumes would linger in the loft-style salon above our heads, and no amount of open windows would quickly dissipate the vapors. The heat from the dryers and flatirons was altering the state of the formaldehyde so that we were inhaling the chemical in excessive quantities.

Once the month of March rolled around, I had been moved up to full time hours. I was the only apprentice and my shifts were long and grueling. I was ecstatic, though, because I had waited so long for this moment.  My frustration, however, was mounting because I had been feeling frequently ill. By the 21st of the same month I had to call out sick. I felt horribly guilty and disappointed in myself for not being able to go to work.

My feeling sick became frequent and worse each month. It came to the point where twice in one month I would be out sick for several days at a time.  I could barely get out of bed.  I had constant, extreme and inexplicable nausea. I would become dizzy, coughing often and enduring sinus congestion unlike any sinus infection I had ever experienced.  I felt so miserable and frustrated.

Visiting the doctor was never ideal. In my circle of peers we often start out with incredibly low wages and no insurance in this industry. We use resources like walk-in clinics should we have the misfortune to need medical attention. So I would walk over a mile to my regular doctor at the nearest clinic, wait for hours to be seen and leave with antibiotics for what we initially thought was a persistent, off the charts sinus infection. It seemed plausible to me, as I have a history of severe sinus infections, but no one had a good answer for my current and constant nausea.  It became so severe that I would stuff plastic bags in my purse in case I should need to vomit in public, and had several close calls on the PATH train into work every day.

As time progressed, my boss would have me finish the Brazilian Blowouts she started on clients for her. I would grasp the hair with the flatiron as I inhaled clouds of fumes. The hair would smoke, emitting the toxic vapors right under my nose, into my eyes and lungs. Clients would often tip incredibly generously for this service and I was amazed that one tip from a Brazilian Blowout would be more than I made in a single day from my flat rate salary. I understand the financial reasons many stylists give for wanting to continue offering this service.

The last day of May I became incredibly ill. I was consumed with sickness and called out from work. I went to my doctor at the clinic and he saw how irritated my throat was. I could barely swallow. He mentioned that something in my environment was irritating me, causing what appeared to be a sinus infection by clogging my sinuses on a regular basis. I took my script for antibiotics and walked by home in deep thought.

Since the moment I started my apprenticeship I purposely avoided every single article, every single research attempt, regarding the effects of the Brazilian Blowout. All of the studies I knew were surfacing, all of the controversies in the news, I ignored because I was too scared to admit the reality of the situation.  Nearly every day for months I was surrounded by Brazilian Blowouts and now I was terrified.  Several days later I went back to work, only to become sicker than I had ever been since I started there. I left work on a Saturday night in June and collapsed into bed.  I could barely breathe, wheezing out struggled gasps of breath as I clutched my pillow in fear. The next morning I went online and finally did the research I had been so afraid to do.

I went back to my doctor and told him what I suspected. He looked completely horrified and did an examination. I discovered that I have formaldehyde poisoning, as I have been over-exposed to excessive amounts of formaldehyde without proper ventilation.  In addition, I have now developed asthma and have to use an inhaler on a regular basis.  My doctor explained to me the horrors of formaldehyde.  He mentioned that for a while I may have difficulty around basic household chemicals, as my body is in a reaction stage from the formaldehyde and I am now overly sensitive.

Then my doctor told me the next time I am around the Brazilian Blowouts it will only make me sicker. “I know this is your apprenticeship and you are working for your future, but this is formaldehyde. You shouldn’t be around it anymore,” he said. I knew he was right, and I cried the entire walk home.

My throat is raw and sore, my sinuses are clogged, I cough constantly and have difficulty breathing. I cough up strange forms of phlegm and my voice is strained. I am overcome with nausea and often feel dizzy and fuzzy.  I have a hard time being around hair color and nail polish these days. In time, I hope that passes. I worry for my health, including long term affects, as formaldehyde is a human carcinogen.

But mostly, I am angry.  My health has been compromised all so that the owner of the salon I worked at could make some extra money. She refused to spend money on a ventilation system. To this day, the Brazilian Blowout company denies that their product contains formaldehyde, just as my former boss denies the reasons I am sick. OSHA has done studies proving that the Brazilian Blowout product does, in fact, contain formaldehyde at levels unsafe for humans.

The FDA is aware of the situation, but is bound by certain laws and restrictions. Therefore, stylists affected from this, such as myself, are encouraged to report these specifics to the FDA Medwatch. The more information presented, the more they are able to build an effective case against the Brazilian Blowout company. 

The main reason I created this blog entry is for other stylists who have been affected from over-exposure to Brazilian Blowouts. I have found, in all my research, frustration that there was no place to go and hear from other stylists in similar situations.  There are news articles, but not much beyond that.  I won’t speak for the other stylists at the salon I worked at, but I do know I am not the only person from there to experience symptoms as a result of this product. I strongly encourage fellow stylists to take care of themselves and reconsider performing this service.  It may be lucrative, yes, but I  can’t see it being worth the health risk. I know for myself that no amount of money can ever get me to go near this product again.

I have officially quit my job.  The road ahead is uncertain, because I don’t know when I will feel well enough to even start a new apprenticeship. Until then, I try to freelance to supplement my income, but it’s hard to find steady clients.  As for my health, my doctor explained that every body is different. It could take two weeks, or it could take two months before I start to feel better. This excludes long term affects that have yet to be seen.  In a few weeks I will go back to the doctor to see how I am progressing, and we will go from there.

I encourage comments and discussion, especially regarding other stylists and clients who have had adverse experiences. The timing may not be as I had planned, and neither are the circumstances, but I know I made the right decision to leave the salon. I sincerely hope that my efforts contribute to protecting the health of other consumers and stylists in this industry, so they are not affected by exposure to such a toxic and harmful chemical in the constant quest for perfect hair.

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