LOreal Misleading Again!

The Real Hair TruthSo Many hairdressers in my industry use LOreal hair color and there products. And so many don’t take the time to really find out that they are in competition with there manufacturer. Who will pledge allegiance too you and will send the “Best Snake Oil Salesman”, too you to inform you on the usage of there color and products that you can buy on the internet. You don’t really understand the how good these company’s are doing you wrong and also to the beauty industry.

Here is a good tidbit to chew on and to really think about how these company’s work behind the scenes to squeeze out every nickel and dime from there products. Advertising can be very misleading to the professional and to the consumer.  Go ahead and click on the link first for the complaint and read about the case filed in court.

November 2013: A federal judge denied final approval of a class-action lawsuit against L’Oréal USA, Inc. The complaint, originally filed in April 2013, alleged that the company misleadingly markets professional hair care products as only available for purchase in salons when the products are actually available for purchase in major retail outlets. According to the settlement terms, the company agreed to remove the misleading labels from the product packages for a period of five years. The Court rejected the settlement because (1) the salon-only purchasers and the retail outlet purchasers had different interests and so the class certification, a requirement for settlement, was inappropriate; and (2) the settlement was not fair, reasonable, and adequate because the company only agreed to stop the misleading labeling for a limited time and the class received no monetary award. (Richardson et al v. L’Oreal, Case No. 13-cv-00508, District of D. C.).

Misleading Information

 You the professional LEGALLY HAS the full liability of the products you use in the salon. You purchase them, you bought them, there yours. Once a product is purchased you have hold full liability. Take the time to know your salon products, color line, hair care line.  Know everything about the distributor, and also the manufacturer.  And of course in my Beauty Industry there are organizations such as the (PBA.com – Who says they are the legal eagle of the industry). (Behind The Chair – This is the Sears & Roebucks of the Beauty Industry), (Hair brained.com – Which basically is what it says it is Hair brained), (Salon Galaxy.com – Which is a copy cat of all the others mentioned). These sites could take the time to influence and to teach there subscribers but have taken the course of self advertising and stimulating there own agenda. So sad! there will come a day when the whole industry is controlled by one or two manufacturers and then don’t say I did not warn you!  Wake up sheeple!

Salon only products!

Don’t be hood winked.!!!!!!!

Joseph Kellner

Get your head out of your ASS!

In my next film “Beautiful Lies”, I highlight a lot of entrepreneurs in my industry. Professionals who have heart, integrity, passion and ambition. In an industry where it is dominated by manufacturers deceiving the professionals for their own financial gain. Starting off as an entrepreneur is no easy task, certain types of characteristics must be in that individual in order to persist in this industry. And I am talking about true motivated individuals who will find forms of networking and avenues of advertising to brand themselves. So many professionals in my industry always seem to go to the industry magazines, websites, and organization to get the “PAT ON THE HEAD”. Why?

Why does an individual in this industry need to go to the industry websites, or organizations to sell their creation. Your doing it the wrong way. For instance if you make a hair care line or makeup line, normally an individual would think to get it to the salons, hairdressers, makeup artists within their profession. Hair show prices are expensive, and paying for a booth at a show could put a lot of entrepreneurs out of business. When you sell to your accounts, advertise them on the internet, inform the consumer about the benefits of your product line. Encourage them to purchase it at their salon. Advertise in magazines outside of your industry, and also learn to be a writer. There are unlimited blogs and networks to help you gain awareness with consumers outside your profession. Paul Mitchell, Nexxus, Big Sexy Hair, Tigi, Bumble&Bumble use this form of advertising to increase sales. Why not you?

Call up your local city magazine, check out their prices for advertising I guarantee it will be cheaper than Behind the Chair, Salon Galaxy or going thru the PBA. You need to acquire more “Bang for the BUCK”!. Just like the industry manufacturers when they sell to you, they will also sell to the commercial sector of retailing. In our industry the magazines charge the big bucks that only the major hair care lines can afford. And the entrepreneur cannot afford that, that is how the magazines sustain themselves. Every manufacturer that sells to the commercial sector is paying for advertising to sell to you in our so-called industry magazines! They are covering their bases within the industry. They advertise in magazines, ELLE, VOGUE, etc. They can afford that. The hair shows are also the same, it’s all about the “LOCATION” at Beauty shows, especially at the entrances of the convention centers. The prices’ of booth space are astronomical, but they can afford that. Can an ENTREPRENEUR, I think not. Sharing booth space at a show is a good idea, that is where the networking part of entrepreneurship comes in. Find an individual who you can work with, Haircolor and Makeup go together. Haircolor and Styling tools go together, Haircare and hair color and Makeup are all complementing of each other. Share a booth at a trade show together.  Advertise one another, wether it be on the internet or local advertising. Explain the benefits of your product to the consumer, explain where the salons in their area carry your type of hair color, or hair care, or styling tools.  Let them buy from your accounts and also advertise your accounts! Cover all your bases, with the consumer sector.

Video advertising is just as important, create a 30 second clip of you hair color, hair care, and have it filmed and edited by a professional. Remember presentation is important. Talk about your hair care or you hair color. Loreal supposedly sells a professional hair color to the beauty industry, and they also produce hair care, styling lines for the industry. You will buy these products from them to perform your services to your customers and also sell them retail from this manufacturer. In turn Loreal will create their own consumer hair color, and shampoo’s, and styling products. They are extremely smart. You will buy from these company’s, who are competing against you. You have been set up to FAIL FROM DAY ONE! You  are competing with a manufacturer who is covering all there bases! Why do you support these company’s who also make a consumer line of hair color and hair care? Think about it! This is not good business sense.  SO WHO IS FUCKING WHO? You support company’s who no longer can give you an exclusive product? Students will come out of a Paul Mitchell school and that is all they know, Paul Mitchell produces clones and salesmen and saleswomen. Ingenious idea. Free advertising for their company. So these graduates are so hyped up with bullshit the company doesn’t care this is free brainwashed people who will sell their product to the consumer who comes in there salon. In the back-end of it all Paul Mitchell will sell to the consumer sector. No brand loyalty from them. Why should they its all about financial gain. Sales pay bills. Thats fine. But you are the one getting screwed in the long run. They sell you fake loyalty, well here is the bomb, “Bullshit does not pay the bills”. Wake up!

An ENTREPRENEUR CAN, HE OR SHE BELIEVES IN THE BRAND LOYALITY AND STICKS BY IT!

It’s just the norm for my industry! No Biggy.

 

$12 For Custom-formulated Hair Color Plus Application Kit Courtesy Of ESalon.com — Shipping Included!
 

Estelle Baumhauer, Color Director

Estelle is eSalon’s Color Director and is the person responsible for ensuring that eSalon delivers its clients the same quality hair coloring formulations offered at some of the world’s most exclusive salons. Originally from France and trained in Paris, Estelle has been an expert colorist at renowned salons around the world, including Dessange in Paris, New York and Washington and Warren-Tricomi in New York.

Now in Los Angeles, Estelle is here to make salon-quality hair color affordable for everyone. This is your newest sell-out industry scumbag!

AJ Lordet, East Coast Style Ambassador

Top colorist AJ Lordet made a name for herself in New York at Pierre Michel by bringing a French twist to the art of hair coloring called Balayage – a hair painting technique that originated in France. She brings the same trend spotting and creative flair to her new role as eSalon’s East Coast Style Ambassador. This is also your second newest industry scumbag!

These tow FRENCH entrepreneur claim ther product is the reason to get away from the Haircoloring Trap! They claim on their website that their way of hair coloring is the best way. And these two scumbags are so-called professionals in my industry. You know the other FRENCH company what they have done to our industry here are a few more, to add to the problem.

“The results are never as good as going to a salon”

“I don’t have the time to go to the salon”

“Getting my haircolored at the salon gets expensive”

“The color doesn’t always come out the same”

Stop Playing “Color Roulette” With Your Hair

You and your hair deserve better. You deserve a color and dye that’s made just for you. And you deserve a hassle-free, inexpensive alternative that allows you to have perfect looking hair, all the time. That’s why we’ve decided to create a new paradigm in hair coloring. It’s called eSalon.

And get this everyone they were even promoted by the so-called industry magazine Modern Salon.

So when people email you, about ME. Take a look who is selling out WHO in this industry. Or do you even care?

AJ and Estelle make a formidable team as they are on the cutting edge of whats next in color and share eSalon’s passion to provide the same guidance and quality hair color formulations offered at some of the worlds most exclusive salons.  These were so call professionals in my industry, who share our secrets of formulation, and technique’s. How To videos are also offered on there website!. When is enough, enough! what will it take fellow professionals? Wasn’t the Formaldyhide from BRAZILIAN BLOWOUT THE KICKER FOR YOU?

But don’t worry its just a normal day in my WONDERFUL INDUSTRY! Go sell some Paul Mitchel. Everything is O.K!

False “salon-only” advertising!

ARE YOU STILL USING THERE SHIT!!!!!!

Sales of hair care products represent an important revenue source for salons; indeed, the profit margin on these products is generally higher than the margin for the hair care services provided in the salons. Manufacturers have false advertising and unfair competition under the Lanham Act, and injunctive relief. Manufacturers state that the their product labels, on company websites, and in print advertisements, that their hair care products are available for purchase exclusively through salons and not through mass-market retailers such as CVS and Walgreens. Although the manufacturers maintain that they offer their products exclusively through salons, since at least 2004 the manufacturers have engaged in widespread diversion of their products to mass retailers. “Diversion” here is defined as the sale of products marketed as salon-only through stores that do not have salons on the premises. Diversion now accounts for “more than $1 billion of the beauty industry’s $5 billion in annual sales of salon-only products.” Plaintiffs contend that the defendants’ false “salon-only” advertising damages their reputation with consumers who purchase products at their salons, only to discover that the products are also available at mass retailers.

L’Oreal USA, Inc. (“L’Oreal”) manufactures and sells several lines of hair and skin care products, including the Matrix, Kerastase, Redken, and Pureology lines of products. Prior to 2011, Matrix products were labeled “For sale only in professional beauty salons.” Kerastase products are labeled “For professional use only”; Pureology products advise that they are “Available Only at Fine Salons and Spas.” A sample distribution contract between L’Oreal’s distributor and a salon notes that diversion damages L’Oreal’s goodwill with consumers. The contract provides for liquidated damages in the amount of $100 per unit of L’Oreal product diverted by the salon.

TIGI Linea, LP (“TIGI”) manufactures and sells the Bed Head line of hair products. Bed Head products are labeled as “Sold Only in Professional Salons.”

Conair Corporation (“Conair”) manufactures and sells the Rusk premium line of hair care products. Rusk products contain the label “Sold exclusively in professional salons.” Rusk products can be purchased online.

John Paul Mitchell Systems (“Paul Mitchell”) manufactures and sells the Paul Mitchell line of hair care products. The packaging of these products contains the following warning: “Guaranteed only when sold by a professional hairdresser, otherwise it may be counterfeit, black market, and or tampered with.” Paul Mitchell advertisements in magazines advise readers that products are available “Only in salons and Paul Mitchell schools.” A sample contract between a Paul Mitchell distributor and a salon states that diversion “seriously damages the reputation and good will established by [Paul Mitchell] and the Distributor and interferes with their business relationship with other SALON customers as well as the consumer.” The contract provides that the distributor or Paul Mitchell shall be entitled to at least $25,000 in liquidated damages for any diverted products.

The Wella Corporation (“Wella”) manufactures the Sebastian line of products, which are labeled “Guaranteed only when sold by an authorized salon.” A sample contract between Wella and a salon for the distribution of Wella hair care products provides that diversion “damages Wella’s brands, trademarks, and goodwill and damages its contractual relations with its distributors and other salon customers.” Wella’s contract also provides for liquidated damages in the event that the salon is found to be diverting Wella products.

Why Dont you support a Entrepreneur!!!

From the producers of the “Real Hair Truth,” comes the next film in
the RHT series, “Beautiful Lies.”

“Beautiful Lies” produced by Jotivi Designs, Inc, will be released in  December 2012.

“Beautiful Lies” will encompass entrepreneurs, manufacture deception,
marketing, ingredients, product labeling, deceptive labeling,
formulating your own brand, health and welfare, as well as uncovering
what professionals are using in the salon and what is in salon
products.

There are many new members in this film and also a few will return
from the first film “The Real Hair Truth.”

In “Beautiful Lies,” we will hear from OSHA and FDA on the topics of
health and welfare. We will be closely informing the viewer of what
they are using in the salon and whether it fits the standards and
regulations that OSHA and the FDA have recently passed pertaining to
Keratin Treatments.

Being an entrepreneur is not an easy task and “Beautiful Lies” will
discuss all of the topics regarding entrepreneurship: the highs and
lows of starting your own business from scratch, product lines, books,
videos etc. The viewer will learn the “hows” and “what nots” in this
segment of the film. Motivation, Perseverance, Ambition; the film
“Beautiful Lies” covers it all.

“Beautiful Lies” will be completed by December 2012 and will be
available for Digital Download as well as DVD purchase. In this film
we do not advertise major manufacturers only the real beauty industry.
This film was solely funded by Jotovi Designs Inc, and is not seeking
any form of sponsorship. And as of February 11, 2012 “Beautiful Lies”
is Copyright in this Website (including, without limitation, Text,
Images, Software, Logos, Icons, Sounds Recordings. Films and HTML
code) is owned or licensed by Jotovi Designs Inc. All editorial
content and graphics on this site are protected by U.S. copyright.

Beautiful Lies!

 

Did you know that statistically, if a client buys hair care in your salon!

Two retail products you have a 60% chance they will come back.

One retail product you have a 30% chance they will come back.

No retail products you only have a 10% chance they will come back

I  agree on the idea that the so-called manufacturers will sell a box color on the commercial section of the beauty industry, and make a hair color line for the professional industry. Loreal is the biggest culprit of this double-bladed sword. Professionals will buy their industry line of hair color, sell their retail line, knowing up front that they sell to the commercial sector a box hair color and also hair care products. Does this make sense, Now I know I might be a slight bit touched in the head, but this is common sense everyone. And the sad thing about this statement that I write. The professional beauty industry has no clue, on how to change this. Quite easy find a company you feel you can have a relationship with. Not being just a number who buys from a distributorship will not cut it anymore in this industry. Help and support the ENTREPRENEUR IN OUR INDUSTRY.

An entrepreneur will put out to the industry a very good product. The costs are high but you will know what you are getting. And performance is the key, how many so-called professional lines do not do what they use to do. The manufacturer will purchase the hair care line, then find a way to make the product cheaper. In the long run the product is not the same. Beware when a product line has new packaging this means the line, “Is not selling well”. Buying into the age ol practice of “We are here for You”, is long gone my industry. I was looking at bottles of “Professional Hair Care in Publix Grocery Stores” the other day. And most of the lines there, Paul Mitchell, Crew, Sexy Hair no longer have warnings about “bootlegged, tampered, or counterfeit” on the packaging any more.  This is not diversion or manufacturer diversion, but Capitalism. A manufacturer and an entrepreneur have the right to do and sell wherever they please. And in this industry selling a new product line is very hard. Especially for the entrepreneur, your costs are high and having an advertising budget is necessary. Let alone having the money for formulation and packaging there is not much left for the entrepreneur to work with.

An entrepreneur will try to have their product introduced in an industry magazine or website and not think about the other venues available to them. THE COMMERCIAL SECTOR! I am not saying sell to the commercial sector on websites or commercial stores but using the magazines and write articles for magazines to get the consumer to come into the salons to buy their product. To many in this industry are looking for the “Pat on the Head”, from beauty industry magazines, hair shows etc. For their product lines, when time can be given to their local commercial periodicals for their marketing. Beauty industry magazines and hair shows have booth, classroom, classifieds and advertisements structured for the Industry MANUFACTURER! Prices for advertising and booth rentals at the hair shows are priced for the manufacturer dollar. Where does the entrepreneur fall into, most of the time they will sell their product to the commercial sector, and then the loyalty is gone. In this industry it is easier for a salon owner and stylist to go to Salon Centrix to pick up what they need. WHY? Convience! Thats is what it is all about, and the manufacturer can dilute the formula of a product to almost cost them penny’s. Selling a product for as little as $7.00 now is abundant in our industry. But for an entrepreneur cost are high for formulations of hair care lines. Support your Entrepreneur!!!!

As hair stylists, we sell our skills and knowledge everyday to our clients. Clients trust us because they know that we know what we are doing. You and I, are the trained professionals. We should know what our clients should be using on their hair (or skin) and why. Selling retail products should come as naturally as selling your client what style, color or cut they should have. Talk to them. If you have a client that has a long narrow face, and they come to you, it’s your job as a professional to explain! And to make money, isn’t financial success what it’s all about, isn’t it what we all want? Selling a manufacturers product that is available to the public at stores and online is not EXCLUSIVE!

Choosing a product to use and sell in your salon is very important. You must choose a product and company that you believe in. This is becoming more and more difficult for many stylists. Believing in the big corporate company brands that sell box color just about anywhere, not to mention their so-called “professional” products, is becoming extremely difficult. I guess it all comes down to common sense everybody, that is something my industry LACKS! And it is ABUNDANT in MY INDUSTRY!

Isnt your work and brand exclusive?

Then why would you taint your brand with a sell out? From a company that is not devoted to your financial success???

“Beautiful Lies” The new film from The Real Hair Truth Series!

Press Release for The Film “Beautiful Lies”

In August of this year 2012 the editing for the next film from the Real Hair Truth Series will begin. The title of the next film will be “Beautiful Lies”. The film will encompass Entrepreneurs, Manufacturer Deception, Marketing, Ingredients, Product Labeling, Deceptive Labeling, Formulating your own Brand, Health and Welfare, Do You Know What You Are Using In The Salon?, And whats in your Salon Products?. This so far has been a 3 year endeavor or filming, interviewing, traveling to create this film. We will have a lot of new members in this film and also a few from the first film (The Real Hair Truth) will be included. I will have some very interesting interviews from OSHA, FDA for the topics of Health and Welfare. We will be closely informing the viewer of what they are using in the salon and does it fit the standards and regulations that OSHA and the FDA have lately passed pertaining to Keratin Treatments.  Being an entrepreneur is not an easy task and you will see a lot of interviews in the film regarding to Entrepreneurship. The Up’s and Down’s of starting your own business from scratch, product lines, books, videos etc you will learn “How” and “What Not” in this segment of the film. Motivation, Perseverance, Ambition the film “Beautiful Lies” covers it all. The film will be completed by December 2012. The Peaks and Valleys of entrepreneurship are covered in this film. This film will be available for Digital Download, and also Dvd purchase’s. In this film we do not advertise Major manufacturers only the Real Beauty Industry. This film was solely funded by Jotovi Designs Inc, and is not seeking any form of Sponsorship. And as of February 11, 2012 “Beautiful Lies” is Copyright in this Website (including, without limitation, Text, Images, Software, Logos, Icons, Sounds Recordings. Films and HTML code) is owned or licensed by Jotovi Designs Inc.  All editorial content and graphics on this site are protected by U.S. copyright.

Joseph Kellner

Jotovi Designs CEO

Will Anything Change?

As I sit back and discover the endless possibilities we have to change our industry, I often think if the currents events are just a ban-aid on the problem of the Formaldehyde issue in our industry. Last year women’s magazines and pop culture blogs were afire with the news that the popular Brazilian Blowout–an expensive salon treatment that promises to smooth and straighten hair for up to six months–released formaldehyde, a known carcinogen. Hair Scare! Brazilian Bombshell! It was a story made for clever headlines and consumer backlash. Not only was the treatment exposing women to carcinogens, the products used in the Brazilian Blowout treatment were actually labeled “formaldehyde free,” when they clearly weren’t. Moreover, in the midst of the media blitz, the U.S. federal government’s National Toxicology Program officially added formaldehyde to its list of substances known to cause cancer, and the federal Occupational Safety and Health Administration (OSHA) declared that one product, Brazilian Blowout Acai Professional Smoothing Solution, contains “unacceptable” levels of formaldehyde.

You’ll notice, however, that the Brazilian Blowout did not disappear from salon menus. In September 2011, the FDA sent Mike Brady, chief executive officer of Brazilian Blowout maker GIB LLC, a firmly worded letter stating that the company’s products contain formaldehyde and were thus mislabeled. But while it might seem logical for the FDA to then remove that product from consumers’ reach, instead it focused on the need for the products to be labeled appropriately. According to both the letter in question and the language of the Federal Food, Drug, and Cosmetic Act, it is the manufacturer’s responsibility to ensure that the products it markets are safe and otherwise in compliance with all applicable legal and regulatory requirements.

In addition to the FDA letter, GIB LLC was also sued by the state of California, where it is headquartered. The results of that suit came through in the form of a settlement that 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.

Which begs the question: Should California law–and beyond that, federal law–do more to protect consumers? After all, how many people really read labels, much less on products that are part of a third-party service? And this is a product that, because it releases formaldehyde gas, could affect even those who have chosen not to purchase it.

Opponents have argued that consumers essentially have the right to expose themselves to whatever carcinogens they choose. If you’re to pull this beauty product from shelves, the thinking goes, then you’d also have to pull cigarettes. Then again, if beauty products containing carcinogens had to have the same sort of Surgeon General warnings on them that packs of cigarettes do, perhaps companies would think twice about producing such products. The cigarette analogy works on another level: Remember how smoking bans started when advocates linked second-hand smoke exposure to unfair working conditions? The same route is likely to be taken here, with an eye toward protecting the health and rights of salon workers. Health advocates are pushing for the FDA to step in and do more, especially in light of California’s legal decisions.

The FDA, which has little authority to do much in these sorts of cases, thanks to the wording of the Federal Food, Drug, and Cosmetic Act, did warn GIB LLC that failure to correct its violations “may result in enforcement action without further notice, including, but not limited to, seizure and/or injunction.” The Campaign for Safe Cosmetics and the National Healthy Nail and Beauty Salon Alliance are calling on the FDA to follow through with its threat and not only seize Brazilian Blowout products, but ban the use of formaldehyde in hair products. It sounds logical enough, but they may end up with an unlikely opponent in their quest: female consumers.

The thing is, despite nearly two years now of bad press, the Brazilian Blowout is still a popular treatment. Perhaps not quite as popular as it was, but popular nonetheless. Anecdotally, in the past six months I’ve mentioned to at least five female friends who are fond of the treatment that it contains a known carcinogen. Across the board the response was essentially the same, “Doesn’t everything cause cancer these days? Besides, personally I think it’s worth it.”

It’s a response that leads the discussion in one of two ways: On the free market side, there’s the argument that this is a product people want and they should be allowed to buy it, provided they understand the risks; on the public health side, there’s the argument that in some cases consumers need to be protected not only from companies but also from themselves. The same argument crops up around things like bag bans and proposed taxes on unhealthy food and in broader political debates about how and when government should intervene in business. Point being, while the great Brazilian Blowout debate may seem silly, the result of it could have broad implications.