Tag: consumer fraud

Busted we win! Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices pays up!

realhairtruth.comI love it, I love it. Busted for whatever the lawyers could get, they got in full from Unilever!. According to documents filed Friday in Illinois federal court, Unilever United States Inc. has agreed to pay $10.2 million to settle a class action lawsuit accusing it of marketing and selling a Suave-brand hair treatment that causes significant hair loss.  The Suave Keratin class action lawsuit was initially filed in August 2012 on behalf of a class of consumers who purchased or used Suave Professionals Keratin Infusion 30-Day Smoothing Kit, a product that was recalled in May 2012. The plaintiffs alleged that the product included dangerous ingredients that caused injuries, and that Unilever failed to properly inform consumers about the proper way to use the product to avoid injury.  During this time frame we at the “Real Hair Truth/Jotovi Designs Inc.” watched closely all the litigations that went forward with this class action lawsuit.  And passed along any and all emails we received from consumers to the appropriate law firms representing the clients involved.  Jotovi Designs Inc. was also used as a avenue for any and all complaints within the professional beauty industry, working hand in hand with consumers and professionals directing them to the proper law firms involved with the plaintiffs.  Now trust me my friends that is just penny’s to them not even nickels or dimes at all. They are a large corporation will it hurt them, “NO” not at all.  These large manufacturers are always in court. Look at L’Oreal, the mother of all lawsuits does it hurt them “No”. They always find a way to push the envelope, this is just a part of there corporate lives. No biggy to them.  The consumer and professional are the ones who get hurt. And trust me the so-called professional beauty industry does not care to inform there industry of these deviate practices. They will actually support these company’s. Basically because they need there money to survive. They cannot do it on there own.

On the Unilever website the company claims that. “Our brands play a major part in helping us achieve our sustainable living aims of helping more than a billion people improve their health and well-being; halving the environmental footprint of our products and sourcing 100% of our agricultural raw materials sustainably”.  Really?

Unilever is a major force in the beauty/cosmetics industry with household names as, Dove, Axe, Lux, Pond’s, Sunsilk, Tresemme, and who could also forget the beauty industry TONI&GUY that you can buy anywhere and beauty professionals will hail the product. Knowing full well they have no exclusive of the product what so ever. But they will sell it in there salons. And buy there tickets to there hair shows supporting TONI&GUY. But that’s another story in itself. The Suave Keratin class action lawsuit asserted claims against Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices statutes and unjust enrichment arising from the manufacture, advertising and sale of the Suave Keratin Infusion smoothing kit. According to the plaintiffs’ motion supporting preliminary approval of the class action settlement, between 225,000 and 260,000 smoothing kits were sold.

Under the terms of the proposed Suave Keratin class action settlement, Unilever will pay $10 million to establish two settlement funds: a reimbursement fund and a personal injury fund. The $250,000 reimbursement fund will be available to Class Members who purchased a Suave Professionals Keratin Infusion 30-Day Smoothing Kit, providing a $10 refund for the past purchase of the product.

The class action settlement injury fund will provide relief to Class Members who suffered bodily injuries to their hair or scalp as a result of using the Suave keratin treatment. Class Members who incurred expenses for hair treatment but who no longer have receipts for their expenditures will be eligible to receive up to $40 per claimant. Class Members who have receipts from their treatments will be eligible to receive up to $800 per claimant for their expenses. Class Members who suffered significant bodily injury to their hair or scalp will be eligible to receive up to $25,000 per claim.

real hair truth.comDuring the filming of my next documentary “The Beautiful Lies”, I received numerous emails for consumers who used this product. Writing to me the causes, and health hazards they experienced with this product.

” Dear Mr. Kellner, I too used this product and fried my hair…4 haircuts later still having issues with dry hair and itchy scalp. Any ideas on what I need to do to promote good hair health?”

” Dear Joseph Kellner,I found this email when reading about the horrible suave keratin product. I haven’t developed any health issues that I know of but my hair continues to fall out. I have had at least 10-12 inches cut off in the last 5-6 months and my hair used to be thick and is now just so thin and horrible feeling. Anything that can be done?”

“I bought the treatment on 3/23/12 from Wal-Mart and I used it a week later.  I have previously used Sally’s brand about 8 months prior so I knew what I was doing and I read the directions correctly.  Not even a week after I used the Suave brand, my hair got considerably lighter, which has never happened and my hair started to fall out.  Even now, every time I was my hair, more of it breaks and I am losing it by the handfuls.  I only use the treatments because after I had my daughter, my hair got wavy and thicker only in the back and I wanted an easier way to maintain my hair.  The treatment I used before worked wonders and seeing as Sauvé’s was a whole lot cheaper, I took a chance.  I know it is not supposed to make it straight, but it is supposed to make it easier to straighten, and this did not do as it was supposed to.  I saw the recall at my local CVS and wanted to know what I am supposed to do from here?  Thanks for your time.”

“I used this kit twice the first time my tightly curled hair was soft shiny the second time at first  I didn’t see any change in my then a couple of weeks after my hair started coming out by the handfuls it took me three years to get the growth I had now all Ivan do is cut it all off and do intensive conditioning treatments .something should be done to suave for the damage it has done to my hair.”

“I to had a bad experience with this product. My hairdresser called their 1800 # to let them know the damage that their product had done to my hair. It’s taken 6 months to get it back to almost normal. This has cost me a lot of money. Another dissatisfied customer”.

“I just used this product a few days ago and my hair is also fried. And when I went to the store to try to find a deep renewing conditioner the product was still on the shelf! I don’t know what to do with my hair at this point. I’ve been trying to nurse it back to life with coconut oil and mayonnaise but it still isn’t enough. Help?!”

Help it has been 4 months for my hair and it continues to break off and is fried.  It seems like it is getting worse not better.  I have spent over $2000 and yet I am still struggling.  No one is responding to my letters Unilever, Suave or Kroger. I tried to join a class action lawsuit with Wasserman, Comden, Casselman& Esensten but they have not contacted me back yet either.  The $12 is not sufficient and my current professional stylist believes it will be at least another year before my hair is back to normal if ever.  I can not afford this!! Is there any hope we will get some resolve from the company.  Please someone help!! This is truly a nightmare and not only has it ruined my hair but my personal life, my professional life and my personal well-being have all been severely compromised. Any information that you might have regarding where I might go next would be greatly appreciated.”

The Suave Keratin settlement will also resolve several similar class action lawsuits that were filed in Kentucky and California.

The Suave Keratin class action settlement agreement was reached after nearly 18 months of litigation and lengthy mediation sessions with former U.S. District Judge Wayne Andersen. According to the court documents, the plaintiffs believe that the settlement agreement is “fair, reasonable, adequate and in the best interests of the Named Plaintiffs and the putative Settlement Class. Unilever, denying wrongdoing of any nature and without admitting liability, has agreed to the settlement terms in order to address claims brought by consumers of Unilever products, and in order to avoid the burdens of continuing discovery expenses and litigation.”

The plaintiffs are represented by Marvin A. Miller, Lori A. Fanning and Andrew Szot of Miller Law LLC; Peter Safirstein, Christopher S. Polaszek and Elizabeth S. Metcalf of Morgan & Morgan PC; and Jana Eisinger of Law Office of Jana Eisinger PLLC.

The Suave Keratin Infusion Class Action Lawsuit is Sidney Reid, et al. v. Unilever United States Inc., et al., Case No. 1:12-cv-06058, in the U.S. District Court for the Northern District of Illinois.

Manufacturers finally getting there due in court!

 

Three of the cosmetics industry’s biggest companies, Mary Kay, Avon, and Estee Lauder (and all the brands under them!) have been named in a class action lawsuit filed in California on behalf of American consumers. The lawsuit sites that these companies fraudulently claimed not to be doing animal testing when in fact they were, misleading the American public. Defendants later purported to disclose, at least on their websites, that they in fact were animal testing, but the disclosures were wholly inadequate and deceptive, the lawsuit states. As a result of their claims of no animal testing, Avon, Estee Lauder and Mary Kay gained and held onto a spot on the much coveted, “Do Not Test” list compiled by PETA. This list indicates which companies do not test products on live animals. Until recently, Estee Lauder, Avon and Mary Kay were among the largest mainstream corporations to be included on PETA’s cruelty-free lists. Specifically, the lawsuit states “As a result of being included on the list, as well as many similar lists, defendants enjoyed the support of PETA and millions of consumers who buy cosmetics only from companies that do not conduct animal testing.  And hence, the commercial success of defendants’ products during the class period was positively influenced by their direct representations regarding animal testing. Simply put, defendants reaped hundreds of millions of dollars in revenue from US consumers who otherwise would not have purchased defendants’ products. Filed in October, and entitled Marina Beltran et al. v. Avon Products Inc., Case No. 12-cv-02502, this amended class action lawsuit is the third filed against Avon, and has two new named plaintiffs that are alleging claims of fraud and violations of California’s Unfair Competition Law and Consumer Legal Remedies Act. The Plaintiffs allege that Avon is required to disclose its animal testing practices.

The “minerals” in Bare Minerals are a patented blend of 72 minerals (containing Mercury, Arsenic, and many more). Animal research is actually cited in the patent (held by Roger Blotsky and Leslie Blodgett). Fun fact: it’s also sold as a supplement for animals. Biokool is the company that produces it. Google away!

This lawsuit comes after the news in February that PETA was removing these companies from their cruelty free list. The reason that these companies were removed is they are sold in China. China requires cosmetics to be tested on animals, so there isn’t any way these companies could truly be cruelty free. The lawsuit seeks more than $100,000,000 in punitive and compensatory damages for a class of more than 1,000,000 consumers.

I hope this makes them wake up and pay attention!

I am actually really happy to hear about this. Whether or not you are a cruelty free beauty user exclusively, I like the idea of these corporations being held responsible. I hate that companies are able to get away with being vague about their practices, and maybe this lawsuit will help encourage other companies (okay, scare them) to be more transparent and forthcoming with information to consumers. Maybe it will also make them think twice about this whole thing, and flex their power and influence to get China’s animal testing policies changed. Cosmetics are a multi billion dollar industry. Surely there’s something someone can do?

US District Judge Cormac J. Carney ruled that the plaintiffs sufficiently pled their causes of action that Avon fraudulently concealed that it tests on animals.

I hope they win. How dare these companies lie to their consumers, THE ONES WHO PUT THEM IN BUSINESS. I wished I had known about this lawsuit & been able to be apart of it. I TOO had spent money on these companies with the impression that they were cruelty-free.

The technology is already out there to test cosmetic products without the use of animals. Usually these matters all come down to one thing: money. And that is why I hope the lawsuit not only goes forward, but that they win. You can’t teach a large company anything unless you hit them where they will feel it: their bottom line. Whether or not you are worried about animal testing, we simply cannot allow companies to lie to consumers, even by omission.

Avon lied to customers by claiming its products are cruelty free. For years, Defendants marketed and advertised their companies and their cosmetic products as not being tested on animals, when in fact Avon, Mary Kay, Estee Lauder were testing their cosmetic products on animals so that they could sell products in China and other foreign countries, thereby reaping hundreds of millions in sales.

Blog courtesy of The Gloss Managerie.com