WASHINGTON (CN) – L’Oreal can settle false advertising claims over supposedly salon-only products that are sold in stores by changing its labels, a federal judge ruled.
Alexis Richardson had led a class against the cosmetics company on behalf of consumers who purchased L’Oreal’s Matrix Biolage, Redken, Kerastase and Pureology products after August 30, 2008.
The April 2013 complaint alleged that L’Oreal deceptively labeled the products as “available only in salons” while nevertheless stocking them in Target, Kmart and other non-salon retail establishments.
“Plaintiffs allege that the salon-only label implies a superior quality product and builds a cachet that allows L’Oréal to demand a premium price,” according to the settlement-approval ruling filed Thursday.
The plaintiffs had filed the suit in Washington, D.C., after resolving related claims from an earlier action in the Northern District of California.
“In the course of those negotiations, L’Oréal provided plaintiffs with extensive documents and information relating to its anti-diversion and labeling practices,” U.S. District Judge John Bates wrote.
“But plaintiffs allege that, despite L’Orèal’s efforts, the products are available in non-salon establishments, and argue that L’Orèal’s labeling and advertising for these products is hence deceptive and misleading.”
As part of the settlement, class representatives can petition for no more than $1,000 each, and L’Oréal will pay up to $950,000 in attorney fees, costs and expenses. The settlement otherwise provides only injunctive relief.
In his approval order, Bates explained the class’s reasons for not trying to certify a damages class.
“First, assessing the value of the salon-only claims to consumers would be difficult, and L’Oréal has never attempted to do so,” the ruling states. “Second, assessing damages on a class-wide basis would be even more difficult – the information provided during the negotiation process revealed substantial price variations among retailers and in different regions, and indicated that non-salon retailers often sell the products at a lower price than do salon retailers, making damages to those purchasing the product in non-salon establishments difficult to analyze.”
Bates said he would defer to counsel’s assessment.
“And class members will retain their right to seek damages in individual actions, dispelling many concerns about foregone payments,” he added. “In these circumstances, an equitable-relief-only settlement may be approved.”
If the settlement wins final approval, L’Oreal will remove the “salon only” label from all of its U.S. advertising and labeling on products distributed in the states.
It will also discontinue manufacturing the labels for its U.S. products, and it will remove the “salon-only” claims from its websites and from any promotion materials.
Both parties have agreed to publish legal notices in USA Today for one week, referring class members to a website that contains a copy of the proposed agreement. Any objections to the settlement must be filed before the Fairness Hearing on October 11, 2013, when the final settlement will be approved. It seems L’Oreal will get off easy for all the damages they have done to the so-called professional beauty industry. Their anti- diversion rhetoric is a bunch of bullshit. And always has been. Too late, Too little the damage has already been done!
Tag: cosmetics
“The Beautiful Lies” short trailer for the film
In August of this year 2013 the editing for the next film from the Real Hair Truth Series will begin. The title of the next film will be “The 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 what’s in your Salon Products?. This so far has been a 4 year endeavor or filming, interviewing, traveling to create this film. I will have some very interesting interviews from OSHA, FDA for the topics of Health and Welfare. 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. Motivation, Perseverance, Ambition the film “The Beautiful Lies” covers it all. The film will be completed by December 2013. This film was solely funded by Jotovi Designs Inc., and is not seeking any form of Sponsorship. And as of February 11, 2011 “The Beautiful Lies” is copyright on this website including, without limitation, text, Images, software, logos, icons, and sounds recordings. Films and html code is owned or licensed by Jotovi Designs Inc. All editorials, interviews, graphics on this site are protected by U.S. copyright and International Law. And is solely the full property of Jotovi Designs Inc. Jotovi Designs Inc. is a registered trademark with the U.S. Library of Congress. All rights are reserved. Any destruction, copying, sales, advertising, of this film by any party, and without the prior consent of Jotovi Designs Inc. will be prosecuted to the fullest extent of the U.S Copyright and Trademark Law in the United States. Jotovi Designs Inc. does not endorse or conduct business with any or all the party’s interviewed in this film. This film was financed by Jotovi Designs Inc. and by no other parties. All party’s involved in this (Featured film) including, Editors, Sound Technicians, Paid Interviewed Personnel, Illustrators, Manufacturers, Videographers, Producers have been paid fully by Jotovi Designs Inc. and have no future claims or holdings to this (featured film) The Beautiful Lies.
Trailer for the film Beautiful LieS
Press Release for The Film “Beautiful Lie’s”
Beautiful Lie’s is being produced by Jotovi Designs, Inc., and will be released in December 2013. Beautiful Lie’s will encompass entrepreneurs, manufacture deception, ingredients, product labeling, deceptive labeling ,formulations, health and welfare, as well as uncovering what professionals are using in the salon and what is in salon/consumer products. In Beautiful Lie’s, we will hear from OSHA and FDA on the topics of health and welfare in beauty/cosmetic products.
“Beautiful Lies” will be completed by December 2013.
This film was solely funded by Jotovi Designs Inc., and is not seeking any form of sponsorship.
And as of February 11, 2012 “Beautiful Lie’s Copy Written 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 and owned by Jotovi Designs Inc.
Beware of Labeling, Repackaging of Beauty/Cosmetic Products
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!
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.
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