Tag: loreal

Company’s claim little to no formaldehyde! When tests show their products contain substantial amounts!

~ Joseph Kellner

The REAL HAIR TRUTH is working closely with the FDA, and also OSHA to bring to light to the beauty industry the false and misleading facts manufacturers are giving to the professional beauty industry. The Real Hair Truth has film several government agency’s to bring to light this horrible and unethical practice of corruption, mis-representation and fraud in the beauty industry! All interviews will be released in the second feature of the Documentary!

Company Claim Testing Reference
Brazilian Blowout Prior to [2/13/2011]: “CONTAINS NO FORMALDEHYDE!” As of [3/1/2011]: There is no mention of the word formaldehyde on the website or the material safety data sheet that continues to list Methylene Glycol. Formaldehyde levels  up to 11.8% Oregon OSHA 2010A, Oregon OSHA 2010B, IMB 2010A, IMB 2010B, Fisher 2007, Health Canada 2010B
Coppola In addition to the Keratin, our formula includes Timonacic acid, a benign antioxidant patented in France which is part of an aldehyde group that is used in hair products and acts as an organic preservative… The difference between Brazilian straightening companies that add free formaldehyde as an ingredient and Keratin Complex’s bonded aldehydes is that the latter is not harmful. Formaldehyde levels up to 2.3% ACCC 2010, AFSSAPS 2010, Columbia Analytical Services 2010, FDA FOIA 2010, Health Canada 2010C, IMB 2010A, IMB 2010B, Oregon OSHA 2010B, RAPEX 2010
Marcia Teixeira Methylene glycol, which does not appear on the FDA’s official list of prohibited cosmetic ingredients, is the ingredient in our treatments that will produce a trace level of formaldehyde vapor when high heat is applied. For that reason, we can state that formaldehyde is not an ingredient in our treatments, but, we cannot, and have never claimed that they are formaldehyde free. Formaldehyde levels up to 3.4% (potentially up to 5.87%) ACCC 2010, AFSSAPS 2010, Columbia Analytical Services 2010, FDA FOIA 2010, Health Canada 2010C, Irish NCA 2010, Oregon OSHA 2010B, Fisher 2007
Global Keratin Since the inception of Global Keratin the company has been in full compliance with all regulations worldwide and never made any false claims. In our old formulas Global Keratin used Methylene Glycol (CAS: 463-57-0) in our products. Formaldehyde levels up to 4.4% Columbia Analytical Services 2010, Health Canada 2010C, IMB 2010A, IMB 2010B
Silkening Technologies No formaldehyde, no unpleasant fumes or odours. Just frizz-free, beautiful hair that stays smooth and manageable for months.  (Canadian website) Formaldehyde level of 2.8% Health Canada 2010C
IBS Beauty i-Straight (Also known as Love-Straight), is the safest and most effective system for straightening the different types, conditions, and textures of light curls to the most stubborn kinky hair type. Formaldehyde level of 2.3% Health Canada 2010C
Cadiveu Before Cadiveu USA entered into its Distribution Agreement with Cadiveu Brazil, we were assured that Cadiveu’s chemists were not relying on formaldehyde in their formulas. To confirm this, we hired an independent lab to test the products thoroughly. The results of this test confirmed that the formula does not contain formaldehyde as a functional ingredient in the hair smoothing process. As a result we felt confident that we were offering a safe product, which is our primary concern.  Cadiveu’s panel of experts explains, “Formaldehyde is a gas and therefore cannot be added to a cosmetic as an ingredient. In fact, Formaldehyde has never been a cosmetic ingredient. Most test methods commonly used, are not suitable for measuring Formaldehyde in water-based cosmetic products. Formaldehyde is extremely unlikely in a water-based cosmetic product to exist beyond 0.005%.” Formaldehyde level of 7% Health Canada 2010C
R & L “None of our products contain any fomaldehyde. They are all fomaldehyde FREE.” Formaldehyde level > 0.2% IMB 2010A, IMB 2010B
Tahe Formol Free Formaldehyde level > 0.2% IMB 2010A, IMB 2010B
Brazilian Gloss Keratin treatment does not make use of any harsh chemicals.  … At-home kits for keratin treatments are also available. The price for at-home kits starts from $250.  For getting this treatment done, always consult a professional stylist. Knowledge about this treatment in advance can also help you in making a smarter choice. If the treatment is done properly, it will leave even the most rough hair look smooth and very easy to style.

Precautions:

Whether you get this treatment done at a salon or use an at-home kit, make sure that keratin product you use contains less than 2% formaldehyde.

 Formaldehyde level up to 7.3% Columbia Analytical Services 2010, Oregon OSHA 2010B
Keratin express The current Keratin Express formula contains no known formaldehyde or formaldehyde donors. To confirm this, we had an independent lab conduct tests to measure any detectable formaldehyde both at room temperature and when heated to 450 degrees for five minutes. The testing confirmed no formaldehyde with the exception of a trace amount (.00017%), attributable to possible residual from other product filling or cleaning on our production line. Formaldehyde level of 1.2% Oregon OSHA 2010B
QOD Unlike formaldehyde-based keratin treatments, QOD’s Brazilian Keratin products do not contain industrially manufactured raw formaldehyde. Instead, we have invested ten years of research in a patented process that mimics the effects of formaldehyde, and is readily accepted by the FDA. Still, we choose not to market our products as “formaldehyde free.” This is usually a disingenuous marketing gimmick, and potentially even harmful. Formaldehyde level up to 3.5% Oregon OSHA 2010B, FDA FOIA 2010
KeraGreen Our exclusive formulation – non toxic, formaldehyde free, rich with organic and natural ingredients – sets us apart from all other keratin hair treatments in the market and makes us relevant in a time when Green is in! Formaldehyde level of 1.6% Oregon OSHA 2010B
Simply Smooth American Culture Hair “No! This is formaldehyde free.” Formaldehyde level up to 0.93% Columbia Analytical Services 2010
Goleshlee In the FAQ section of the Goleshlee website it is stated that the products contain 2% formaldehyde.  No information on the keratin product pages and no mention of formaldehyde is given in the product ingredient lists. Formaldehyde level  > 0.6% AFSSAPS 2010
Spazzola Progressiva No information about the use of formaldehyde is provided. Formaldehyde level  > 0.6% AFSSAPS 2010

Professional Beauty Industry/Associations are Really Dropping the Ball!

~ Joseph Kellner

The Professional entity’s of the Salon Industry (If there is any!) really need to take a look at the fluster of what is going on within their profession regarding the Smoothing products that contain the (preservative Formaldehyde).  preservatives are used everyday in all types of cosmetic products. Is there a law against it NO! But mis-labeling and misbranding is a big No! to the federal government.

A letter was sent to the company Brazilian Blowout from the FDA. August 22, 2011

Mr. Mike Brady, CEO
GIB, LLC dba Brazilian Blowout
6855 Tujunga Avenue
North Hollywood, CA 91605-6312

Dear Mr. Brady:

The U.S. Food and Drug Administration (FDA) has reviewed the regulatory status of your product, Brazilian Blowout Acai Professional Smoothing Solution (Brazilian Blowout). As Brazilian Blowout is intended to be applied to the human body for cleansing, beautifying,promoting attractiveness, or altering the appearance, it is a cosmetic within the meaning of Section 201(i) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 U.S.C. § 321(i)]. As described below, Brazilian Blowout is adulterated within the meaning of Section 601 (a) of the Act [21 U.S.C. § 361 (a)] and is misbranded within the meaning of Section 602(a) of the Act [21 U.S.C. § 362(a)]. It is a violation of Section 301(a) of the Act [21 U.S.C. § 331(a)] to introduce or deliver for introduction into interstate commerce any cosmetic that is adulterated or misbranded. You can find copies of the Act and its implementing regulations through links on FDA’s home page at http://www.fda.gov1.
Adulterated Cosmetic
Under Section 601(a) of the Act [21 U.S.C. § 361(a)], a cosmetic is adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or, under such conditions of use as are customary or usual. Brazilian Blowout is an adulterated cosmetic because it bears or contains a deleterious substance that may render it injurious to users under the conditions of use prescribed in your labeling. Specifically, based on FDA sample analysis, Brazilian Blowout contains methylene glycol, the liquid form of formaldehyde, which, under the conditions of use prescribed in the labeling, releases formaldehyde when hair treated with the product is heated with a blow dryer and then with a hot flat-iron. Methylene glycol is a deleterious substance, which at the levels present in this product, may harm users under the conditions of use prescribed in the labeling thereof. FDA analysis of approximately 50 mg samples of Brazilian Blowout confirmed the presence of methylene glycol, the liquid form of formaldehyde, at levels ranging from 8.7 to 10.4%.
The primary route of exposure to formaldehyde, when using Brazilian Blowout under the conditions of use prescribed in the labeling, is through inhalation. Formaldehyde is a highly reactive chemical that readily reacts with biological tissues, particularly the mucous tissues lining the respiratory tract and the eyes. Adverse events have reported the following injuries associated with Brazilian Blowout: eye disorders (irritation, increased lacrimation, blurred vision, hyperaemia); nervous system disorders (headache, burning sensation, dizziness, syncope), and respiratory tract (dyspnea, cough, nasal discomfort, epistaxis, wheezing, rhinorrhea, throat irritation, nasopharyngitis). Other reported symptoms included nausea hypotrichosis, chest pain, chest discomfort, vomiting, and rash.
Brazilian Blowout is targeted primarily for use by salon professionals in a salon setting. The product may also be used in home salon settings as Brazilian Blowout is also available for purchase in beauty retail stores and via the internet by the general public.
Misbranded Cosmetic
In addition, under Section 602(a) of the Act [21 U.S.C. § 362(a)], a cosmetic is misbranded if its labeling is false or misleading in any particular. Section 201(n) of the Act [21 U.S.C. § 321(n)] provides that, in determining whether a product’s labeling or advertising is misleading “there shall be taken into account (among other things) the extent to which the labeling or advertising fails to reveal facts material with respect to consequences which may result from the use of the article to which the labeling or advertising relates under the conditions of use prescribed in the labeling or advertising thereof or under such conditions of use as are customary or usual.”
Brazilian Blowout is misbranded because its label and labeling (including instructions for use) makes misleading statements regarding the product’s ingredients and fails to reveal material facts with respect to consequences that may result from the use of the product. Specifically, Brazilian Blowout contains the liquid form of formaldehyde, methylene glycol; however, the product label declares that the product contains “No Formaldehyde” or is “Formaldehyde Free.” This declaration renders your product misbranded because it is a false and misleading statement. In addition, the failure to include information about the release of formaldehyde into the air during the heating process on the product’s label or labeling makes your product misbranded because you fail to reveal material facts with respect to consequences that may result from the use of your product under the conditions of use prescribed in the labels or labeling.
The violations cited in this letter are not intended to be an all-inclusive list of the violations that exist in connection with your product. You are responsible for investigating and determining the causes of the violations identified above and for preventing their recurrence or the occurrence of other violations. It is your responsibility as a manufacturer to ensure that the products your firm markets are safe and otherwise in compliance with all applicable legal and regulatory requirements.
You should take prompt action to correct the violations cited in this letter. Failure to do so may result in enforcement action without further notice, including, but not limited to, seizure and/or injunction.
Please advise this office in writing within fifteen (15) working days from your receipt of this letter as to the specific steps you have taken to correct the violations noted above and to assure that similar violations do not occur in the future. Your response should include any documentation necessary to show that correction has been achieved. If you cannot complete all corrections before you respond, please explain the reason for your delay and the date by which each item will be corrected and documented.
Please direct your written reply to Rob Genzel Jr., Food and Drug Administration, Center for Food Safety and Applied Nutrition, 5100 Paint Branch Parkway, Office of Compliance (HFS-608), Division of Enforcement, College Park, Maryland 20740-3835.
Sincerely,

Michael W. Roosevelt
Acting Director
Office of Compliance
Center for Food Safety
and Applied Nutrition

I called this office on September 19, 20, and asked for a press officer and to my dismay no phone calls were returned to my office. I am not surprised. And with all this banter about these products I have not seen the PBA take a leadership role on the matter. The PBA claims it supports the industry and advertises itself as having a Government Affairs Committee  but when you look at the staff page there is not one attorney on board just Salon Owners, Beauty Corporations and such. Would it not be imperative to have attorney’s on the staff who are experienced in legal and governmental issues? And not Salon owners and Beauty corporations!

This does not make sense to me. But if you look closer on the website they have a page that talks about Safe Cosmetics Act of 2011, H.R. 2359. But will advertise on their site Coppola.

Copolla has claimed little to no formaldehyde when tests show their products contain substantial amounts!  But keeping the industry informed is the main idea here, especially when a product has been recalled in the following country’s, Australia, Ireland, Canada, France, Germany, Cyprus. And researching further in this I have come to find out also about a organization in the industry called.

They claim the Professional Keratin Smoothing Council . In the history of the professional beauty industry, the keratin smoothing category has emerged in the last five years as one of the fastest growing, and potentially one of the most lucrative categories to ever hit the industry.  Professional Keratin Smoothing Council (PKSC) has been established to achieve the following key objectives:

A. To become the industry portal for accurate information about keratin hair smoothing products and applications, and related services, through policy analysis, legal advocacy, regulatory development, scientific testing, and education and innovation

B. To establish, maintain, and continuously develop appropriate, responsible, and rigorous testing and supporting regulatory regimes for professional and consumer safety, including standardization of testing, ensuring MSDS compliance with the international GHS mechanisms, and full disclosure of ingredients in keratin hair smoothing products and applications

C. To solicit the participation and comments of all interested parties on a fair, equitable and open basis.

Board members are Cadiveu USA, Keratin Complex, Marcia Teixeira, Aerovex Systems and SalonTech. Interesting to know that recently Marcia Texeira, Keratin Complex,were sited by OSHA for the following, Both M&M International Inc. in Delray Beach, a distributor of the straightening hair product “Marcia Teixeira,” and Copomon Enterprises in Boca Raton, a distributor of the keratin-based hair product “Keratin Complex Smoothing Therapy,” have been cited for three serious violations and fined $12,600 each for failing to ensure that material safety data sheets reflected the content of formaldehyde in the products or the hazards associated with formaldehyde exposure, as well as for failing to develop a written hazard communication program for their own employees.

A serious violation occurs when their is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.  This was dated September 8, 2011. Just last week. But the owners, Marcia and Marcelo Teixeira, owners of M & M International of Delray Beach, FL, will write about there two treatments (SOFT TREATMENT ™ and SOFT CHOCOLATE TREATMENT™) are completely free of formaldehyde producing ingredients!

The president of the company  states “Our Company is committed to clear and open communication in order to ensure product safety, education and client service” – Marcia Teixeira, President. And also states in a Modern Salon article, “to being free of formaldehyde producing ingredients, their policy of clear and open communication, M & M International provides comprehensive Material Data Safety Sheets (MSDS) for the entire Marcia Teixeira product line – both old and new. 
And chairs a organization for the betterment of the industry.  And this Organization is charging members for membership, Again read the OSHA REPORT.  What is the PKSC charging for a membership for, I have called the PKSC several time to get information about the organization and I have not heard any responses from them. On their website they also claim if you join as a manufacturer you must disclose the following for membership.

  • Full disclosure of ingredients
  • Labeling on product disclosing ingredients, which is not required by FDA for professional products
  • Proper labeling for consumer products
  • Post test results on council website
  • Compliant MSDS for all products under the brand name, in harmony with the GHS platform
  • Education and training for salon professionals and consumers
  • Use consistent, approved, methods of analysis

COME ON WHO KIDDING WHO HERE!  There asking for this information when they cannot even comply themselves!  The Professional Keratin Smoothing Council offers several categories of membership and encourages other manufacturers, distributors, stylists and students to get involved. Visit pksc.org for more information or a membership application.  If you would like to laugh some more check out the report the BIR (Beauty Industry Report) Did on the  PKSC.

In the next documentary of the REAL HAIR TRUTH, Our largest topic will be on Health and Welfare in the beauty industry. With interviews from OSHA, FDA, EWG, Chemists. A lot of these company’s will be getting free advertising from my documentary.!

Joseph Kellner

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

 

I am Free to say What I Want, And I WILL!

~ Joseph Kellner

Got something to say? About your  Beauty Industry?

Freedom of Speech was once only for the rich and powerful. Royal governors, clergymen, and a powerful few in the early days of the colonies were the only folks allowed to speak their minds. Speaking out against things you didn’t like could land you in The BIG HOUSE!

Now, thanks to the Bill of Rights, Free Speech is a protected right for everyone.

Most people don’t realize that 200 years have passed since the First Amendment was ratified… and in those 200 years people have fought hard to make sure that when the boundaries of “free speech” evolve, the original intent of the Founding Fathers remains true.

Everyone has the right to responsibly speak their minds!

Freedom of Speech is the right to freely express yourself – encompassing all types of expression, including the freedom to create and distribute movies, take photographs, paint, write songs, make up dances, dress how you want and all other forms of expressive communication.

If someone can see you doing something, you are communicating!

The boundaries of FREE SPEECH continue to be STRETCHED!

YOU NEED TO KNOW THE BOUNDARIES

Go ahead and say it. The First Amendment’s got your back!

Your Bill of Rights!

Freedom of Speech, Press, Religion and Petition

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Spain’s competition regulators fine P&G and L’Oreal over hair care price-fixing

~ Joseph Kellner ~ Leave a comment
As if we would not already know!

The National Competition Commission has hit the local operators of Procter & Gamble and L’Oreal with multi-million Euro fines over price fixing of professional hair care products in Spain.

The anti-trust authority is fining a total of eight companies operating in the salon professional sector, for their involvement in what the commission refers to as a cartel.

The body is also fining industry association the National Association of Perfume and Cosmetics, claiming that it also played a key part of the cartel.

L’Oreal ordered to pay €23.2m

The fines total €50m and it is L’Oreal that has been given the highest in the group at.€23.2m, while Productos Cosmeticos SLU, which was bought by L’Oreal in 2004, was totld to pay €12m.

The other companies named by the commission as being part of the cartel are Eugene Perma Espana, Cosmetica Cosbar Cosmetica Tecnica, The Colomer Group Spain and DSP Haircare Products.

The cartel was allegedly formed back in 1989 and is refered to by the commission as the G8 in its documentation. It is alleged that leaders of the eight business units met twice a year to discuss various market strategies, including pricing.

Henkel Iberica blows the whistle

The panel of judges from the anti-trust authorities said that they were informed of the price-fixing activities by the eighth member of the cartel, Henkel Iberica.

According to documentation released by the authorities, the fact that Henkel Iberica informed the body about the cartel’s activities meant that the company was free from prosecution due to a law passed in 2008.

Press reports also detail that L’Oreal has subsequently issued a statement denying that the meetings with the other companies were for the purpose of price-fixing, while P&G has refused to comment on the matter.