Real Hair Truth L’Oreal to Shelve ‘Salon Only’ Tag for Products!

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!

“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.

Matthew Feinman Filming Director

Matthew Feinman has been a Producer and Director of Photography (DP) for over 10 years.  Matt graduated from Full Sail University as Salutatorian of his class, and recently has returned to his alma mater to further his education with a BS and MS in Entertainment Business.  Past projects he has worked on include DP for the television show “Hot On! Homes,” Post-production PA for the television series “Hogan Knows Best,” Helicopter Videographer for Disney Quest Video, Behind-the-Scenes documentary for the feature film “Larry the Cable Guys: Health Inspector,” Production Assistant for the hit show ‘Fear Factor,” DP for the pilot season of the reality series “Supermodel Showdown,” and many other projects, both locally and internationally based.  Matt stays abreast of the industry by attending seminars featuring the newest equipment and technology, as well as workshops on the most up to date techniques in camera operation and production.  When not working, Matt spends time with his wife Sharon and their daughter Lily running k’s and half-marathons, attending outdoor local events, and relaxing at home with their dog Roxy.