Tag: deception

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

~ Joseph Kellner

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.

Entrepreneurship the Solution to Manufacturer Deception in the Beauty Industry!

~ Joseph Kellner

The last few years have really surprised me. Nothing at all will suprise me about the manufacturers, magazines, or the so called PBA (Professional Bullshit Association)  in our beauty industry. The  manufacturer deception, mislabeling and fraud is ever so apparent in the industry. Industry magazines will advertise NAHA , Cosmoprof, Premier, Vegas shows while really addressing the important fundamentals of needed change in my industry. It would be to important for industry publications to take topics by the horns and really research the effects of manufacturer deception and mislabeling within our industry. And beauty professionals just sit back and sweep it under the rug. Industry publications have turned into the Sears Roebuck  for manufacturers to sell their wares in. They promote of vision of an industry they want you to perceive and to only know. Getting into one of these publications is hit or miss in my industry. So called industry icons will  align themselves with these magazines to keep there “Aura’s FRESH”. Protecting their name, keeping it in the loop for financial gain, but not really being worthy of leadership. “Here is the newest SOAP YOU CAN BUY EVERYONE”!

Entrepreneurship the Solution to Manufacturer Deception in the Beauty Industry!

Ask yourself each and every day “What is the industry really about, are the issues being given proper attention?’

Do you have an EXCLUSIVE on your retail shelves?

Is there still formaldehyde in Keratin treatments?

Has the “So Called PBA” taken legal action’s to make you industry safer and help you with a healthier salon environment?

Is Paul Mitchel, Matrix, Redken, etc still being sold in the commercial sector?

Can Professional hair color be bought on the internet?

Can Keratin treatments be bought on the internet?

Did you know? The European Commission believes the use of methylene glycol/formaldehyde at 0.2 per cent formaldehyde equivalent is not considered safe in hair straighteners following a meeting held on the subject in June!

Does your salon owner follow the guidelines from OSHA regarding Keratin treatments?

Did you know there was salon workers and advocates from all over the country are descending upon Washington D.C. for a day of action to raise awareness about toxic chemical exposure in the workplace. Did you know that?

Entrepreneurship the Solution to Manufacturer Deception in the Beauty Industry!

Entrepreneurs come in all Colors, Genders, Religions, Sizes and Ages. We all speak the same language, and we all come from the same mother. We strive to make a difference in our Community’s, Professions and Industry’s.

 We are not afraid to speak up!

We are not ashamed to make mistake’s, but to only look at them as success’s. We are Leaders not follower’s.  We try and try again and grow with like minded individuals. We are not afraid to ask the questions. We constantly seek answers and solutions.

We stay the course we have set!

And we love to hear, We cant do it! Thats the worst thing to say to a Entrepreneur. “You cant do it, there is no market for it, NO One will support you”. YOUR CRAZY Yes we are all a wee bit crazy. But we ask ourselves each and every day. Why Not? Instead of why.
 
We follow our own path and we know what success is, We live it everyday!  Nothing stops you from being successful but yourself. We are self educated. Yes it may cost you money, you will learn patience, and time is every so abundant for you. We try and try again. We are not afraid.
 
We like change! We embrace it!  

We are hated. We are the crazy ones, who see the world in a different light, we never give up. Passion is our middle name. We all believe in what we are doing we may not change the masses but to only change one, one person is the extreme we seek. We believe in ourselves.
 
We have our own Philosophy’s.

We encourage each other, and lift each other up when we are in our valleys. And we believe in sharing. We have no jealousy, envy, we share knowing we will make this world a better place. Believing in your mission in life is very important, and sharing everything for others benefit to grow is true wisdom. We do business together.

We don’t give up, we stay true to our mission!
 
Be careful who you align yourself with. If you are on the right side of the road and others go left stay true to your course. You will gain fruition. You will see your idea grow, you will gain a education that no ivy league college will be able to give you. Yes! You will beat to your own drum and when that happens make it a way of your life. We don’t jump on others bandwagon for advertisements, we write our own books, publish our own magazines, create our own shows, and make our own products and films.

We network together!

We are not followers!
 
We are not afraid to fail we embrace our failures as a learning experience.

 Don’t make someone else wealthy, invest in yourself and and that is what I call success and entrepreneurship. Living your day the way you want. That is true success, Fame is overnight and short!

 

Best Regards

Joseph Kellner

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!

False “salon-only” advertising!

~ Joseph Kellner

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.