Tag: consumers

Beware of Labeling, Repackaging of Beauty/Cosmetic Products

~ Joseph Kellner

The Real Hair Truth!

Across the gamut of media formats – from television to the Internet to print – beauty product advertising bombards consumers on a daily basis. Each ad seeks to persuade potential buyers of the product’s value, or even its necessity for the buyer’s well-being and self-image. These techniques, sometimes manipulative in nature, affect more than the consumer’s wallet. It can effect their health. In my industry if a product is not selling to the so-called professionals they will repackage the product. And sell under a new gimmick. Here is a lawsuit placed in a Florida court against Loreal. Read the print very closely. I just love to see when a customer takes a major beauty/cosmetic bully to court. Especially if it is Loreal!

Morelli Ratner Files Class Action Against L’Oreal for Defrauding Consumers

Morelli Ratner PC, together with the Alters Law Firm, filed a class action last week against L’Oreal and Lancôme for defrauding consumers. The case is Nino v. L’Oreal USA, Inc. et al, and was filed in federal court, in the Southern District of Florida. The complaint alleges that the Defendants have advertised their “anti-aging” creams as having been scientifically tested, making claims and promising results to consumers that the Defendants know to be unfounded. Earlier this month, the Food and Drug Administration sent Lancôme a formal warning letter about the misleading advertising. The complaint alleges that L’Oreal has made millions of dollars by knowlingly and willfully misleading consumers. Plaintiff Costanza Nino, a resident of Florida, is bringing the suit on behalf of a proposed nationwide class of all persons who purchased Lancôme’s “Anti-Aging” products within the applicable statutory limitations period, and a Subclass of Florida residents.

 Read more on this Loreal Lawsuit! 

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 – The lawsuits still keep coming to Unilever!

~ Joseph Kellner

Fourteen women — including two from North Texas and one from Houston — are suing Unilever, the maker of a product they claim caused permanent damage to their hair. “It transforms frizzy, unmanageable hair into hair that’s sleeker and easier to style,” said the commercial for the Suave Professionals Keratin Infusion 30-Day Smoothing Kit, which is no longer being sold. Tonja Millet of Midlothian said the product did the opposite of what it promised. “It melted my hair,” she said. “The hair was sticky. I couldn’t comb it. It felt like sandpaper. It was just awful.”

Millet, 45, said her naturally straight hair would sometimes turn slightly frizzy in humid weather. So in February she decided to try the straightening product, hoping it would help tame frizz during a trip to the beach over spring break. “Instead of straightening and smoothing it, it acted like a perm and kinked it,” she said. “I just sat in the bathroom and cried. I didn’t know what to do. “Millet said she called the product’s consumer hotline to complain, and was told she probably used the product incorrectly. A few days later, she went to her salon, where her stylist told her her hair had been “chemically melted.” “So that day we cut off 10 inches,” Millet said.

When she began looking online for more information about the product, she said she found some people who said it worked, but more who said it damaged their hair. She discovered a Facebook page devoted to angry consumers, and there are multiple postings on YouTube. Millet is now part of a lawsuit filed against Unilever. Dallas attorney Amy Davis represents Millet and 13 other women. “What the complaint is alleging is that by using certain images and certain wording, that Unilever made consumers believe this was a product free of harsh chemicals, when we believe it wasn’t,” Davis said. “The complaint says women experienced hair loss to the point of visible bald spots, terrible breakage, discoloration… some of them had injury or burning to the scalp.”The complaint will not reach class action status, Davis said, because not all of the women experienced the same results.

Unilever said its practice is not to comment on ongoing litigation. But a spokesperson stressed that when Suave began to receive “a greater-than-expected number of complaints about the Suave Professionals Keratin Infusion 30-Day Smoothing Kit,”  the cmopany discontinued the product and recalled it from retail stores. That was in May.

“We found the number and degree of consumer complaints to be unacceptable,” a company spokeswoman said. But she stressed, “Overall, consumer complaints represented a small percentage of the product shipped into the marketplace. Many consumers enjoyed the product and had very positive results.” Millet said she’s cut 12 to 13 inches off her hair since trying the Suave product in February.

“At the beginning I was like, ‘I’m just gonna hide out for the next year so nobody will see my hair,'”  she said. “I certainly wish I’d never done it. I really regret it.” “It’s about accountability,” she said of the legal action. “They didn’t take it off the market for months, even after they knew there were hundreds —   possibly thousands — of women affected the way I was… or even far worse.”

If you may have had a similiar occurence with this product please feel free to email me at and let us know. We can help lead you to the proper officials and offer you hair care advice for your hair free of charge!  joseph@josephkellner.com

Get your head out of your ASS!

~ Joseph Kellner

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.

~ Joseph Kellner

 

$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!