Tag: ingrediants

Clean Beauty…or Dirty Business?

The “clean” beauty movement is picking up steam. Health-conscious consumers are paying more attention to ingredients applied to their bodies and are looking for products made without harmful chemicals. In response to the demand, some popular cosmetics companies are now offering so-called, “clean” beauty lines. Companies considering joining this trend should take into account the substantial legal risks.

A look at the food industry’s use of the adjectives like “natural”, “clean”, “simple,” and “wholesome” illustrates the kinds of risks the beauty industry may face. When consumers began paying more attention to ingredients, companies began marketing their products with these health driven adjectives. However, this led to a barrage of class action lawsuits for false advertising under state consumer protection laws as plaintiffs lawyers argued that the claims made on the front of the label did not match the ingredients on the back of the label.

The food industry started to use the word “clean” after the use of “natural” resulted in a barrage of consumer lawsuits. As it turned out, however, the alternative claim also resulted in consumer class action lawsuits. The theory behind these suits is that “clean” is just a synonym of “all-natural” and signifies to consumers the absence of any synthetic chemicals. Similarly, it is argued that “wholesome” and “simple” are misleading consumers as to the real nutritional value of food products. This is at best an idiosyncratic view, not backed by legitimate consumer evidence. However, merely making the allegation is sometimes sufficient to survive a motion to dismiss, where the court must consider whether “no reasonable consumer” could share the plaintiff’s alleged interpretation.

Adding to the complexity is the difficulty of placing a sufficiently prominent and clear explanation, or definition, for such adjectives in an unavoidable location where the plaintiff cannot reasonably allege she failed to notice it. Courts have sometimes held that consumers need not be expected to turn around the bottle or package to read textual information on the back label before purchase.

We have seen false advertising claims creeping into the skincare industry as well, and this, coupled with the history of the food industry, should put the beauty industry on notice of the legal risks. For example, just last month, a lawsuit was filed in California State Court against the makers of Coppertone sunscreen. Prescott, et al. v. Bayer Healthcare Pharmaceuticals Inc., et al., No. 5:20-cv-00102 (N.D. Cal. filed Jan. 3, 2020). The suit alleges that Coppertone deceived consumers by labeling certain sunscreens as “mineral-based” when in fact chemicals make up a significant portion of its active ingredients. The plaintiff’s theory is that the headline “mineral-based” claim suggests to consumers that the product protects skin from sun damage exclusively with minerals.

In the “all-or-nothing” world of the plaintiffs’ lawyers, any ingredient call-out or characterization creates legal peril by negative implication. If the label says “clean,” the product can contain no synthetic substances. If the label says “plant-based,” the product should not have any synthetic or animal components – even if trivial in amount. Plaintiffs are routinely sending products to labs for rote chromatographic analysis, and the tiniest detectable amounts of disfavored chemicals can trigger lawsuits. In California, the consumer protection laws include California’s Unfair Competition Law, False Advertising law, and the Consumer Remedies Act. Companies making sales in California also need to be mindful of Proposition 65 which requires warning labels on products that contain any enumerated chemicals identified by the State to cause cancer, birth defects, or reproductive harm.

Since there are no regulations mandating the definition of such descriptive terms on cosmetic labels, these definitions (e.g., “clean”) can vary from company to company. The beauty industry should heed caution when using “clean” beauty claims. In order to avoid consumer confusion— and ultimately litigation— companies should define “clean” in a way that they can, and do, meet, and that definition should be available at the point of sale.

8 chemical ingredients that are among the most dangerous to you in the shower!

The Real Hair TruthThink about this: Nary a day goes by when we don’t use beauty products – toothpaste, shampoo, conditioner, lotion, moisturizer, deodorant, soap, shaving cream and perfume, among others. The list could go on and on. We use them so often, we cast them off as harmless and simple, everyday necessities. The truth is, they are anything but harmless and can be replaced easily with safer alternatives. You see, over time, these supposed “harmless” products’ hazardous ingredients compound and grow in the body, ultimately allowing a bunch of little doses to add up to a much bigger problem.  The following 8 ingredients are among the most dangerous found in common beauty products. Most of them are skin irritants that have cancer-causing effects.

My rule of thumb is to never put a product on my skin or hair that has ingredients in it I cannot pronounce. This has meant getting used to DIY beauty products as well as all-natural options found at my local health store. But if you enjoy the convenience and the price of mainstream products, at least avoid these 8 offenders.

1. Triclosan
Triclosan is an antimicrobial agent that is one of the most common additives found in everyday consumer products, such as shampoo, toothpaste and soap. A study conducted by the University of California, San Diego School of Medicine linked triclosan to cancer. Triclosan also creates resistant bacteria, which can represent a potentially severe public health risk.
Synonyms: 2,4,4′-Trichloro-2′-Hydroxy Diphenyl Ether; 5-Chloro-2- (2,4-Dichlorophenoxy) – Phenol; 5-Chloro-2- (2,4-Dichlorophenoxy) Phenol; Phenol, 5-Chloro-2- (2,4-Dichlorophenoxy) -; Phenol, 5chloro2 (2,4dichlorophenoxy) ; 2,4,4′-Trichloro-2′-Hydroxydiphenyl Ether; 5-Chloro-2- (2,4-Dichlorophenoxy) Phenol; Ch 3565; Irgasan; Irgasan Dp300; Phenol, 5-Chloro-2- (2,4-Dichlorophenoxy)

2. Methylisothiazolinone (MIT or MI)
Used as a preservative in baby wipes and lotions, MI is a skin irritant that has long been associated with allergic reactions. It has also exhibited neurotoxic effects.
Synonyms: 2-Methyl- 3 (2h) -Isothiazolone; 2-Methyl-2h-Isothiazol-3-One; 2-Methyl-3 (2h) -Isothiazolone; 2-Methyl-4-Isothiazolin-3-One; 3 (2h) -Isothiazolone, 2-Methyl-; 3 (2h) Isothiazolone, 2methyl; Methylchloroisothiazolinone225methylisothiazolinone Solution; 2-Methyl-3 (2h) -Isothiazolone; 2-Methyl-4-Isothiazolin-3-One

3. Sodium Lauryl Sulfate (SLS) and Sodium Laureth Sulfate (SLES)
Both of these chemicals are toxic to the body and the environment, with SLES slightly more hazardous since it is often contaminated with 1,4 Dioxane (see #4). SLS and SLES work to make beauty products more easily absorbed by the skin. They are linked to skin, eye and lung irritation as well as organ system toxicity.
SLS synonyms: Monododecyl Ester Sodium Salt Sulfuric Acid; Sodium Dodecyl Sulfate; Sodium Dodecyl Sulphate; Sodium Lauryl Sulfate Sodium Lauryl Sulfate; Sodium Salt Sulfuric Acid, Monododecyl Ester; Sulfuric Acid Monododecyl Ester Sodium Salt; Sulfuric Acid, Monododecyl Ester, Sodium Salt; Ai3-00356; Akyposal Sds; Aquarex Me; Aquarex Methyl
SLES Synonyms: Ethanol, 2 [2 (Dodecyloxy) Ethoxy], Hydrogen Sulfate, Sodiumsal; Sodium 2- (2-Dodecyloxyethoxy) Ethyl Sulphate; Sodium Lauryl Di (Oxyethyl) Sulfate

4. 1,4 Dioxane
This chemical is a known carcinogen. It can fall under the umbrella of SLES (see #3) or a slew of other ingredients listed below as a contaminant, or it may not even be listed at all. It contaminates up to 46 percent of personal care products. The chemical is a byproduct of an ingredient processing method called ethoxylation used to reduce the risk of skin irritation for petroleum-based ingredients. Even though 1,4 dioxane can be easily removed from products before sale, it often is not.
Possible impurity in: Polysorbate-20, Sodium Laureth Sulfate, Peg-100 Stearate, Polysorbate-60, Ceteareth-20, Cetyl Peg/ Ppg-10/ 1 Dimethicone, Laureth-7, Peg/ Ppg-18/ 18 Dimethicone, Peg-40 Hydrogenated Castor Oil, Polysorbate-80, etc.
Synonyms: 1,4-Diethylene Dioxide; 1,4-Dioxacyclohexane; Di (Ethylene Oxide); Diethylene Dioxide; Diethylene Dioxide (Osha); Diethylene Ether; Diokan; Dioksan (Polish); Diossano-1,4 (Italian); Dioxaan-1,4 (Dutch); Dioxan

5. Oxybenzone
Often found in spray-on sunscreens, oxybenzone is a major hormone disruptor. It causes biochemical and cellular level changes. It is easily absorbed by the skin and has been determined to contaminate the bodies of 97 percent of Americans.
Synonyms: Benzophenone-3, (2-Hydroxy-4-Methoxyphenyl) Phenyl- Methanone; (2-Hydroxy-4-Methoxyphenyl) Phenylmethanone; 2-Benzoyl-5-Methoxyphenol; 2-Hydroxy-4-Methoxybenzophenone; 4-08-00-02442 (Beilstein Handbook Reference) ; 4-Methoxy-2-Hydroxybenzophenone; Advastab 45; Ai3-23644; Anuvex; B3; Benzophenone, 2-Hydroxy-4-Methoxy

6. Butylated hydroxyanisole (BHA) and butylated hydroxytoluene (BHT)
Already banned in the EU, BHA and BHT are used as stabilizers and preservatives in beauty products. BHA is considered a human carcinogen. BHT is a toluene-based ingredient that is a moderate irritant and has tumor-promotion effects.
BHA Synonyms: Antioxyne B; Antrancine 12; Eec No. E320; Embanox; Nipantiox 1-F; Protex; Sustane 1-F; Tenox Bha
BHT Synonyms: Dbpc; Advastab 401; Agidol; Agidol 1; Alkofen Bp; Antioxidant 29; Antioxidant 30; Antioxidant 4; Antioxidant 4k; Antioxidant Kb; Antrancine 8

5. Oxybenzone
Often found in spray-on sunscreens, oxybenzone is a major hormone disruptor. It causes biochemical and cellular level changes. It is easily absorbed by the skin and has been determined to contaminate the bodies of 97 percent of Americans.
Synonyms: Benzophenone-3, (2-Hydroxy-4-Methoxyphenyl) Phenyl- Methanone; (2-Hydroxy-4-Methoxyphenyl) Phenylmethanone; 2-Benzoyl-5-Methoxyphenol; 2-Hydroxy-4-Methoxybenzophenone; 4-08-00-02442 (Beilstein Handbook Reference) ; 4-Methoxy-2-Hydroxybenzophenone; Advastab 45; Ai3-23644; Anuvex; B3; Benzophenone, 2-Hydroxy-4-Methoxy

6. Butylated hydroxyanisole (BHA) and butylated hydroxytoluene (BHT)
Already banned in the EU, BHA and BHT are used as stabilizers and preservatives in beauty products. BHA is considered a human carcinogen. BHT is a toluene-based ingredient that is a moderate irritant and has tumor-promotion effects.
BHA Synonyms: Antioxyne B; Antrancine 12; Eec No. E320; Embanox; Nipantiox 1-F; Protex; Sustane 1-F; Tenox Bha
BHT Synonyms: Dbpc; Advastab 401; Agidol; Agidol 1; Alkofen Bp; Antioxidant 29; Antioxidant 30; Antioxidant 4; Antioxidant 4k; Antioxidant Kb; Antrancine 8

Your beauty products may boost your outer beauty, but do they support your inner health? Most beauty products contain ingredients that harm your body more than they help it and in an alarmingly dangerous way. Take the time to read the back of your beauty products and see what really is going into your skin with every lather, rub and scrub.

Thank You Brazil!

realhairtruth.comWe are delighted to hear that Brazil has taken a huge leap towards ending cosmetics tests on animals by voting to pass legislation last week which will end the use of animals for most cosmetics tests, omitting those that are for “ingredients with unknown effects” – as well as the sale of newly animal-tested products. The move follows the announcement by the state of Sao Paolo in January that it was to end animal cosmetics tests and is the result of efforts by a number of groups in the region. We hope that the loopholes in the proposed law can be closed to ensure that the suffering of animals for cosmetics can end. Cosmetics companies need to stop putting “crap” in their products that needs to be tested. Save the humans as well as the animals. And that’s the Real Hair Truth!

realhairtruth.com

The Beautiful Lies Teaser Clip (Release Date Sep 2014)

Beautiful Lies!

 

 

 

 

 

 

 

“The Beautiful Lies” is a documentary that shines a revealing light on the cosmetic and beauty industry. It showcases the passion of entrepreneurs in this business and brings transparency to product perception, health hazards, organic vs. natural ingredients, and cosmetic mislabeling. While it highlights the professionals who have achieved success through innovation, ambition, and perseverance, it also recognizes that this business is dominated by manufacturer greed and control and… Release date September 2014!

Jotovi Designs exposes “The Beautiful Lies.”

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

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.