Tag: lawsuits

ClassAction.com filed a lawsuit against L’Oreal and Matrix

~ Joseph Kellner

Always in trouble they are, in a industry were you have manufacturing deception and price gouging. It come to me this is the same old same old crap in my industry.  I was once told when I entered in the beauty its a ‘whore’s business”, or the beauty shows are “flea markets”. That was the best advice and description I could have ever have gotten. And as time has past in my 30 years I see nothing has or will change in my industry. Shop to you drop are the ‘Beauty Shows”. It’s all soap my friends with maybe a little oils, or fragrance. That”s all it is.  So as usual the manufacturers will say anything advertising wise to make a sell to you as the consumer and as to me the professional. I never fall for it anymore.  It has been a very long time since I have been to a “hair show – flea market” that I have lost my respect for the manufacturers. Also they are filled with “snake -oil” salesmen and saleswomen to be correct.  Buy this and buy that will be the first impression from them, I once did a documentary called ‘The real Hair Truth” and we had a few snake oil sales men in it. These are people who will go from company to company selling there “speal” to them for a paycheck. And offering there devotion to them for a few nickels. Most of them do it because of a over sized ego. And most of them there work looks no better than a beauty school drop out. But the manufacturers will place anything on a bottle or label.  Its makes no difference to them if they get caught they will pay penny’s on the dollars in civil court. big Deal, no worry’s maybe they will say a batch of products did not have the “SECRET INGREDIENTS”. MERELY A TECHNICAL GLITCH WITH THE FACTORY MACHINERY.

In the latest case of a company allegedly promising ingredients and benefits its products do not offer or contain, last week ClassAction.com filed a false advertising lawsuit against L’Oreal USA and Matrix Essentials over an array of hair products that appear not to contain the protein keratin.

The products cited in the complaint are the following:

  • Matrix Biolage Keratindose Pro-Keratin + Silk Shampoo
  • Pro-Keratin + Silk Conditioner
  • Pro-Keratin Renewal Spray

The 39-page complaint—filed in the Southern District of New York on January 26, 2017—states:

Through its uniform, nationwide advertising campaign… Defendants have led consumers to believe that their Keratindose Products actually contain keratin and will confer the claimed benefits of keratin to the consumer.

In reality, the Keratindose Products do not contain any keratin at all and are incapable of providing the claimed benefits of keratin to the consumer.

The complaint states that the products’ labels are “false, deceptive and misleading, in violation of the Federal Food Drug & Cosmetics Act and its parallel state statutes, and almost every state warranty, consumer protection, and product labeling law throughout the United States.”

The plaintiffs seek relief for damages, for the defendants to stop engaging in the deceptive advertising alleged in the complaint, and any other relief the Court deems just and proper.

Click on the link to download the file to read. Loreal_Matrix_Keratin_Lawsuit(1)

I am not surprised at all with the lawsuit, but what is surprising to me in my industry we have this so called organization called the “PBA” PROFESSIONAL BEAUTY ASSOCIATION.  THEY DO NOT SAY A PEEP ABOUT ANY OF THESE LAWSUITS OR DO ANY INVESTIGATING AT ALL. BECAUSE THEY ARE IN BED WITH THE MANUFACTURERS.  They tought themselves as the watch dawg’s for the beauty business. Basically if you join them they charge you $300.00 for membership and give you a 10% discount on a hair show.  I call them the Professional bullshit association. They do nothing for the professional but they will sure do a lot for the manufacturers. And anything to do with Licensureship, anything that will hurt the manufacturers schools or state boards they will jump on in a minute. Because if they reported the truth about the industry they would lose manufacturers dollars. They use that to sustain themselves. With out that they would be history. Good day everyone.

John Paul DeJoria Sued for $5 Million By Employees For Failure To Pay Minimum Wages!

~ Joseph Kellner

The Real Hair Truth

The Real Hair Truth has exclusively learned that the reality TV star and entrepreneur has been slapped with a $5 million class action lawsuit by students in his beauty schools, who claim he worked them like dogs and paid them nothing in return.  According to court documents obtained by Real Hair Truth , DeJoria, the founder of the hair products company Paul Mitchell and Paul Mitchell cosmetology schools, is not giving his students any compensation for their services, and they are suing for “failure to pay minimum wages and/or overtime wages.”

The schools charges the general public a lower rate for hair services than local salons, but the lawsuit claims that the students are required to provide the services to those customers without receiving wages in return.

The Paul Mitchell schools — allegedly numbering “over 50 and possibly over 100″ in 35 states — are able to operate at a lower cost because the students are providing them with free labor, according to the court documents. If the students weren’t there, they claim, the school would have to hire regular cosmetologists, and pay them minimum wage at least.

“The class members are paid no compensation by the defendants for the labor they provide in the Paul Mitchell Schools’ personal service business, meaning they receive no payments in United States currency,” the documents claim.The class action lawsuit against Paul Mitchell Schools also says that due to the policy of making students work for free, the schools are able to operate at low cost and high profit, making competitors are unable to pay their workers more than minimum wage.

The members of the lawsuit state they were employees, not students, and since they weren’t paid, DeJoria broke federal law. They are asking for a jury trial and a $5 million payment from DeJoria.

Real Hair Truth will keep you posted on this Lawsuit.

L’Oréal Hair Product Class Action Lawsuit Settlement. Burn In Hell!!

~ Joseph Kellner

TheRealHairTruthLogo

As usual in our industry, See no Evil, Hear no Evil, Speak no Evil. None of the So-called industry websites, comic books, or fan clubs will do no reporting against no major manufacturer in my industry. It is common knowledge for manufacturers to supply the latest and greatest to the industry sheep. For the purpose of increasing the financial pyramid for themselves. No longer is there a honest approach of informing the beauty industry of news about class action lawsuits for the betterment of the industry. WHY YOU SAY? Because industry giants sustain the beauty industry and give financial backing to the comic books, websites and fan clubs. If one of the three prior mentioned “bite” the hand that feeds them there would be no existence for that website, or magazine or organization.  So in general you will not know who, what, where in this industry. You will be led unless you do any investigative work by yourselves.

REALHAIRTRUTH

L’Oréal USA Inc. has reached a class action lawsuit settlement over claims it falsely marketed shampoo, condition and styling products under the Matrix, Kérastase, Redken and Pureology brand names.Under the proposed settlement agreement, L’Oréal will modify the labels of these products to remove certain misleading language.

The L’Oréal settlement will resolve a class action lawsuit (Richardson v. L’Oréal USA Inc.) that alleges L’Oréal misled consumers into believing they could only purchase the Matrix, Kérastase, Redken and Pureology products exclusively in professional salons, when consumers can purchase the products in major retail outlets.

REAlhairtruth.com

L’Oréal denies any wrongdoing, but has agreed to a class action lawsuit settlement to resolve the litigation.

Class Members of the L’Oréal class action settlement include all consumers nationwide who purchased the L’Oréal products for personal, family or household use on or after August 30, 2008. There is no monetary benefit for Class Members. Instead, L’Oréal has agreed to remove from the labeling of these hair products the following “claims”:

  • “for sale only in professional beauty salons”;
  • “exclusive salon distribution”;
  • “exclusive to Kérastase consultant salons”;
  • “only professional”;
  • “only in salon”;
  • “sold exclusively in salons”;
  • “available only at fine salons and spas”;
  • “available only at fine salons”; and
  • similar claims in English or other languages which may be read as suggesting availability for purchase exclusively in professional salons.

Since there is no monetary benefit for Class Members, there is no claim filing deadline. If you wish to object to the L’Oréal product class action settlement, you must do so by September 11, 2013.

Will the industry inform you about this?

NO THEY WONT, MY FRIENDS.

THEY WILL NOT!

Because the industry is L’oreal, And they do not want you to know any wrong about these companies. God Forbid they would reach out to you and explain the particulars of this lawsuit and tell you how to apply for claims.

False Advertising L’Oréal Settlement Notice!

~ Joseph Kellner
The Beautiful LieS
The Beautiful LieS

The reason for this lawsuit for false advertising. This is for certain of the L’Oreal products such as the Matrix, Kerastase, Redkin and also Pureologiy. Apparently there was some misleading words in the ads for these products. The original lawsuit is known as the Richardson v. L’Oreal USA Inc. The misleading information was that these products could only be obtained at salons. They were also available in other stores besides the salons. You can get some kind of compensation if you bought the products in the United States and you live in the United States. This purchase should be for your personal use at home and you should have bought the products after August 30, 2008. If this applies to you, you can find out more about this case at the http://www.LOrealSettlement.com site. Right now this is just a basic site with just very little information. In fact the only information you can get right now are the documents.

The documents that you can download include the complaint, the notice, summary notice and the agreement. You will be able to download the documents and view them. I would suggest that you download and view the notice if you have not seen one. This is what will give you the most information. Look at the full notice first. You will find a list of legal actions that you can take and what each legal action means. You should definitely figure out what legal action you should be taking. I would suggest that you decide what you want to do in the case. Go to the http://www.LOrealSettlement.com site and look at your options.

Due to the L’Oréal Hair Product Class Action Lawsuit Settlement, the company will remove certain language about the products. The information that will be removed will be the information on where the products are sold and distributed. The L’Oréal Hair Product Class Action Lawsuit Settlement has not been approved yet. When and if it is approved, your being in the class will mean that you will release the company from all claims and you will not be able to file a new suit against the company on the same issues that this case resolves. Usually, the only way that you can sue them for the same issues is if you decide to remove yourself from this case. When you do that, you will not get any payments and you will not be able to object either. However, in this case, you will not be able to exclude yourself. So your only option is to receive the benefits.

You can object if you want. You will have to submit a form before September 11, 2013. You will have to file this to both the court and also the class counsel. You also must submit your objection to the company’s counsel. You can get all their information in the full notice. There are a number of things that you will have to include in your request. This includes the title of the lawsuit. Then you must include your full name, your complete address and also your phone number. Then you will have to list all the reason for why you are objecting to the case. You must also include the names of any lawyers whom you have hired to represent you. You do not have to hire lawyers of course if you do not want to. Also, if you want to hire lawyers to represent you during the Fairness Hearing, then you must provide those names too. Again, you do not have to hire any lawyers to represent you at the Fairness Hearing. You can also call people to testify at the Fairness Hearing. If you are going to do this, you must provide their names in your request to object.

The legal counsel who will represent you will be paid a large amount of money. This amount will not exceed $950,000. The class representative are the plaintiffs. They will get $1000 each. They will get more than you because they were the ones that filed the original lawsuit that ended up in this settlement. This means that because of their original efforts, you are benefitting by getting some payment. The Fairness Hearing will be held on October 11, 2013. This will happen at 9 a.m. in Washington D.C.

L’Oréal Settlement Notice

Overview
A proposed Settlement has been reached in a class action lawsuit titled Richardson et al. v. L’Oréal USA, Inc., 13-CV-508 (D.D.C.), involving L’Oréal USA, Inc.’s (“L’Oréal”) marketing of shampoo, conditioner and styling products under the Matrix®, Kérastase®, Redken®, and Pureology® brand names (“L’Oréal Products”).

The plaintiffs in the lawsuit allege that the L’Oréal Products were falsely and misleadingly marketed using a claim which may be read as suggesting availability for purchase exclusively in professional salons when consumers can purchase these products in major retail outlets where professional salon services are not available.

L’Oréal denies any wrongdoing and liability whatsoever.  L’Oréal contends that the L’Oréal Products are manufactured and marketed with the intent that they be sold exclusively through professional salons and other authorized channels. 

The parties have agreed to settle the lawsuit to avoid the costs and uncertainty of continued litigation.

L’Oréal Brands Covered by the Settlement 
Matrix®, Kérastase®, Redken®, and Pureology®.

The Settlement Class
If you live in the United States and have purchased a Matrix®, Kérastase®, Redken®, and Pureology® product for in-home use on or after August 30, 2008, you are a member of this Settlement Class and this Notice applies to you.   

For more information about the Settlement, please see the documents below.
            To view the Complaint, please click here.
            To view the Full Class Action Settlement Notice, please click here.
To view the Summary Class Notice, please click here.
            To view the Settlement Agreement, please click here.