Tag: deceptive

This is what they, dont want YOU to know!

~ Joseph Kellner

Workers have a right to a safe workplace. The law requires employers to provide their employees with working conditions that are free of known dangers. OSHA provides information, training, and assistance to workers and employers. Be aware that in our industry manufacturers are deceptive. They want you to buy their products, and will customize class’s in order for you to be presented with their latest and greatest lotions, powders, soaps etc.  I was talking with a very very bright gentleman of the next film “Beautiful LieS”. He said a statement that really hit home to me. When a professional buys a ticket to a hair show such as “Premier, NAHA, Cosmoprof, etc” why should they buy the products there, if they can find the products in a commercial outlet. The major manufacturers have given up on LOYALTY TOO YOU and SELLING EXCLUSIVE products to the business professional in our industry. I would not even give a current hair show the time of day. I can see their products in a store. I thought our products supposed are supposed to be exclusive, and only sold in salons. Come on! And do you really know what ARE the ingredients you are using in your salon products? And most of you products you use in the salon for Hair coloring, Keratin treatments, Permanent waves can be purchased by the consumer. Where did our exclusive go???? The MAJOR manufacturers have sold us out. In this months edition of Brokenchair.com 90% of the products advertised in this magazine are found in the commercial sector or on the internet. Available to the consumer at their finger tips. Basically its the magazine of the “Brainwashed’. And the topics of literature in the magazine are the same ol, same ol! Be responsible everyone, and be the change The Real Beauty Industry needs. Change in this industry has to come from you! Then others will see you as a role model and you will set the standard for others.

Walk the Walk everyone!

Take back your industry!

You will see the latest in industry magazines everyone,”How To” of the layered haircut with a Ombre color or join Farouk’s Dream Team, Learn client consultation. But not touching on the politics of a industry broken by Major Manufacturers. 

They dont want you to know, what they know, that you dont need to know. See this is what they want you to know, “Keep the Young Dumb, and don’t worry were looking out for you”. “We are your legal representative of the Beauty Industry as the PBA.ORG would say, REALLY?”  Take it upon yourself to know your products, and all the ingredients in the products. Your customers health and yours is very important. And I would not like to see anyone gain an illness because the greed of a manufacturer cannot be controled. If you work in a salon go to the owner and ask for the MSDS sheets of the products you use for your salon services. Know what you are using. Its your body. And you get only one go around in this lifetime! You are all very, very special people. And you cannot be replaced.

OSHA will continue to conduct inspections in response to complaints and/or referrals. Workers may file a complaint to have OSHA inspect their workplace if they believe that their employer is not following OSHA standards or that there are serious hazards. Employees can file a complaint with OSHA by calling 1-800-321-OSHA (6742) or by printing out the complaint form and mailing or faxing to your local OSHA area office. Complaints that are signed by an employee are more likely to result in an inspection. 

OSHA can help answer questions or concerns from employers and workers. Contact your local OSHA office if you have any questions about a product that you are using or its material safety data sheet (MSDS). To reach your regional or area OSHA office, go to OSHA’s Regional & Area Offices web page. 

Hair salon owners and beauty schools can contact OSHA’s free and confidential on-site consultation service to help determine if there are hazards at their salon and work with OSHA on correcting any identified hazards. On-site consultations services are separate from enforcement activities and do not result in penalties or citations. To contact OSHA’s free consultation service, go to OSHA’s On-Site Consultationweb page or call 1-800-321-OSHA (6742) and press number 4. 

Salon owners and workers can also request the National Institute for Occupational Safety and Health, at no cost, to help identify and correct any health hazard in the workplace through its Health Hazard Evaluation Program. Contact NIOSH at 1-800-CDC-INFO [1-800-232-4636].

False Advertising Information A Guide for The Beauty Industry!

~ Joseph Kellner ~ Leave a comment

 

Make sure that when you are advertising your brand that you know the rules of advertising.

  • Advertising must be truthful and non-deceptive;
  • Advertisers must have evidence to back up their claims; and
  • Advertisements cannot be unfair.

What makes an advertisement deceptive?

  • Is likely to mislead consumers acting reasonably under the circumstances; and
  • Is “material” – that is, important to a consumer’s decision to buy or use the product.

 Airbrushing, CSR and False Advertising: L’Oreal Ad Banned

Whether a business is an established global brand or a start-up, effective advertising and marketing can be the key to its success. All businesses have a legal responsibility to ensure that their advertising is truthful and not deceptive. And no matter where an ad appears – on the Internet, on the radio or television, in newspapers and magazines, in the mail, or on billboards or buses – the same truth-in-advertising standard applies. So when you develop a beauty product be very careful on what you say on the labeling, the advertising because you could get investigated.

What makes an advertisement unfair?

  • it causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid; and
  • it is not outweighed by the benefit to consumers.

What kind of evidence must a company have to support the claims in its ads?

Before a company runs an ad, it has to have a “reasonable basis” for the claims. A “reasonable basis” means objective evidence that supports the claim. The kind of evidence depends on the claim. At a minimum, an advertiser must have the level of evidence that it says it has. For example, the statement “Two out of three doctors recommend ABC Pain Reliever” must be supported by a reliable survey to that effect. If the ad isn’t specific, the FTC looks at several factors to determine what level of proof is necessary, including what experts in the field think is needed to support the claim. In most cases, ads that make health or safety claims must be supported by “competent and reliable scientific evidence” – tests, studies, or other scientific evidence that has been evaluated by people qualified to review it. In addition, any tests or studies must be conducted using methods that experts in the field accept as accurate.

What penalties can be imposed against a company that runs a false or deceptive ad?

  • Cease and desist orders. These legally-binding orders require companies to stop running the deceptive ad or engaging in the deceptive practice, to have substantiation for claims in future ads, to report periodically to FTC staff about the substantiation they have for claims in new ads, and to pay a fine of $16,000 per day per ad if the company violates the law in the future.
  • Civil penalties, consumer redress and other monetary remedies. Civil penalties range from thousands of dollars to millions of dollars, depending on the nature of the violation. Sometimes advertisers have been ordered to give full or partial refunds to all consumers who bought the product.
  • Corrective advertising, disclosures and other informational remedies. Advertisers have been required to take out new ads to correct the misinformation conveyed in the original ad, notify purchasers about deceptive claims in ads, include specific disclosures in future ads, or provide other information to consumers.
  • Or you end up in the next REAL HAIR TRUTH DOCUMENTARY