How Can You Make A Living?

Today I went on an Interview for the “Hell of It”, to a new business in the Orlando area.  I am currently employed and have my own business. But from time to time I go out and see what the industry is offering in the industry employment wise that is.  Today I went to a new business it is a “Blow Dry Bar”. And my appointment was at 11:30 so I arrived 20 minutes early and the manager took me and started the interview with me. She was very nice and informative, the decor of the salon was beautiful red and grey colors. When I was told to take a seat the salon chair was ready to fall apart. This is where services and clients are seated on. Not a good sign for me, right off the bat.

My interview started off with the familiar questions, “How long have you been in the industry, What are you looking for, Blah Blah. I was informed the salon is open for only one month and there are 12 employee’s in the salon. There are three shifts and the salon opens at 7:00am to closing which is at 9:00pm. The salon offers blow-dry’s, makeup, and keratin treatments. The manager told me we are a “Finishing salon”. No other services are offered. So if you are hired you are expected to clean, clean and fold towels. There is no wages only a cut of you $39.00 blow dry. Which was only $15.00 dollars. HOW DO YOU PAY YOUR BILLS? How? While is was being interviewed there was only one client in the salon. I asked the manager “If there are twelve employee’s in the salon they all need to be built up, client wise. So how can I offer you my loyalty if I am being used to clean, promote and do makeup without any formal wages. So If I go to work and I do nothing, I get nothing. CRAZY.” And then on the flip side of it all. How does a salon employer expect to keep professionals. And of course keep motivated driven people. Theirs no way at it. Its like a candle lite on both ends, sooner or later the business is gone. Crazy.

I went to see their makeup counter and there was hardly anything to work with. And cleanliness was something to be wanted in the salon. They teach you for 3 days how they want the hair styled and there are no other ways to do except their way. So there are only six looks you can leave with. That’s it. No makeup training at all. And a very somber atmosphere in the salon. So if you want to go in debt try this place out. So many professionals in my industry are not paid a minimum wage for their time, the salon owners want free labor.  They want to have a love overhead. At the expense of the employee’s. Which is so sad. And so many people come and go in the industry. I have seen so many talented professional leave and get discouraged. In a constant worry of how they can even get gasoline money and food. Basic housing is another story. How can you concentrate on your work if you have no way of paying your basic needs. The industry is famous for it.

A college graduate will get a job and receive a wage, if you walk into Burger King you get a wage, WalMart will give you a wage. Also sick day pay and vacation pay. When will this start in my industry.  But in my industry there is still the old Gothic way of paying you. Commission that’s it. This has to be changed.

This can no longer be. This is FREE LABOR.

 

MAC In ULTA Shameful. ULTA Is A Flea Market.

MAC Cosmetics is betting that it has found at least a partial solution to the sales slowdown it is suffering as traffic thins out in America’s malls and department stores.  MAC is owned by Estee Lauder by the way and uses the best pigments that can be found in there products. But I would never think of such a wonderful company selling the products to a lower scale conglomerate. But it happens.

The answer as it has been for so many other brands one of the hottest retailers in the U.S. and one that MAC is planning to enter at last, first via the beauty specialty store’s e-commerce platform Ulta.com in May and then via about 25 stores in June. By the end of the year, MAC is expected to be in more than 100 Ulta stores, according to Karen Buglisi Weiler, MAC global brand president. “By mid-June we should have the first one opened,” she said. While MAC is initially going into only a fraction of Ulta stores, the move represents a dramatic departure for the makeup artist brand, which has confined its U.S. distribution mostly to department stores and its international chain of MAC stores, 200 of which are in North America. For example, the brand is not sold in Sephora in the U.S., according to executives.

While MAC is initially going into only a fraction of Ulta stores, the move represents a dramatic departure for the makeup artist brand, which has confined its U.S. distribution mostly to department stores and its international chain of MAC stores, 200 of which are in North America. For example, the brand is not sold in Sephora in the U.S., according to executives. Buglisi Weiler maintains that MAC is shifting in its philosophy from being “a destination brand” with only “one third of the distribution that most of the makeup brands in specialty have. We realize that with the changing behavior you really have be where they want to shop.”

On average, MAC will occupy 200 square feet per store and the product assortment will be limited to 600 stock keeping units, Buglisi Weiler said. While that number is on a par with Ulta’s big makeup brands — Lancôme, Urban Decay and Clinique — it is a smaller total than the roughly 1,200 sku’s MAC has in departments stores and the 1,500 sku’s in its own brand boutiques. Simon said the Ulta curation represents about 45 percent of MAC’s product universe and the individual items were picked in close collaboration between brand and store, playing to MAC’s heritage and Ulta’s penchant for crisp editing. “We worked very closely with Karen and her team to make sure we had the must-haves, the hero products and the pillar categories,” Simon added. “We are deep into foundation, primer and lipstick.”

sad sad sad

 

Ulta Beauty Starting To Make Headline For The Wrong.

Ulta, Ulta, Ulta. Is in existence because the professionals of the Beauty Industry never took a stand. And a lot of the “Riff Raff”, in the Beauty is because of the complacent professionals.  Worry about there craft and not there industry. Not learning the politics and letting the wolves lead them. That is what happens when you are a sheep and not educated in the Art Of Deceptive Practices.  My Grandfather always said, “Be as sweet as a sheep, But as slick as a snake”. And right he was. The only reason ULTA is in existence is because of US.  No one else, just US. They sell our tools, products, they have a salon who will do work for very cheap cheap. They too away our retail edge and basically all you have is a craft left.

I could go on for hours, and hours and hours. Enlightening you of the “Dark Force”, in our industry. But to no avail the only interest is balayage, ombre etc, etc, etc. So here we go with some news.

A woman who claims she used to work for Ulta Beauty is calling out the chain for unsanitary practices. Twitter user @fatinamxo is using the platform to “warn” other beauty lovers about the safety of their makeup. In a series of tweets, the ex-employee alleged that her managers at the retailer would tell her to “clean” and repackage used items to be sold again. “So I was a former employee at ULTA and whenever a customer would return a product, we were told by managers to repackage/reseal the item and put it back on the shelf,” she wrote on Twitter. “They would resell EVERYTHING. (makeup , hair care , skincare, fragrance ,hair tools, etc.),” she said in a follow-up tweet.

She then posted images of new makeup and makeup she claimed was returned used, repackaged and resold. “For example this foundation (even-sticks) they would clean it with a q-tip to make it look new. I’ll attach a photo of a NEW foundation vs. the one they repackaged and put back on the shelf. ( NOT SANITIZED ),” she captioned the photo.

The Twitter user said her managers would “clean [products] with alcohol” as a way to make them look new.  Her allegations have earned thousands of likes on Twitter, as well as several people coming forward with their own similar stories about Ulta Beauty’s unhygienic practices. “Can 100% confirm this is true. Shopping at any ULTA in Frisco, Mckinney, Denton, Sherman, Allen, basically the entire Dallas area and around they train every single employee to do this. All the stores in the area do this,” one wrote. One ex-employee offered a reason for the “disgusting” action, writing “I worked at Ulta too…and they did that too. They wanted their shrinkage to be low so that’s why but it was so disgusting.” Some Ulta Beauty employees have shared different accounts, stating that their stores never cleaned and resold used make-up. The beauty store released a statement to TODAY regarding the allegations, saying that used products are supposed to be thrown out.

They even put back a USED liquid lipstick, the manager said she would “clean it with alcohol” ( that was the last straw for me ) here is a photo of a lip palette ( exclusive online only ) that was returned and mangers put it back on the shelf to resell (CLEARLY NOT SANITIZED).

 

“We do not allow the resale of used or damaged products,” an Ulta Beauty spokesperson told TODAY.

Here comes the “BULLSHIT” everyone.

“Our store associates are trained to catalog and then properly dispose of any used or damaged items. If associates have concerns that this or any Ulta Beauty policy is not being followed, they can anonymously report it through our third-party hotline. Our policies, training and procedures are aimed at ensuring that only the highest-quality products are sold in our stores and online. “We take any concern of this nature very seriously and if we find that there is any deviation from our policies, we will take appropriate actions to ensure we continue providing a consistently high-quality product,” the statement continued. “The health and safety of Ulta Beauty guests is a top priority and we strive to deliver an optimal experience every time they shop with us.” The woman said she took to Twitter not because she dislikes Ulta, but wanted to warn others against buying used makeup. Good Job!!!!!!!!!!!!!!

 

 

 

So Far The Beauty Industry in 2015 at a Glance

real hair truth

Comprised of a diverse yet interrelated set of business lines, the beauty industry helps us look and smell our best. Before we leave the house each day, we have likely undergone our personalized beautification ritual. Included in this ritual is the daily shower and shave, the weekly nail trim, and the monthly haircut. And increasingly we are taking a more holistic view of our health, and our beautification ritual may now include a periodic massage and trip to the spa. But our concern with our appearance is hardly anything new; indeed the beauty industry has been expanding and growing for all of recorded history. For the interested entrepreneur this continuing growth and evolution offers a diverse menu of opportunity.

The beauty industry today encompasses far more than cosmetics and skin care products, though they are still a significant portion of the sector. A wide range of services and products are available to help us put our best face forward, and the beauty industry now also encompasses hair styling and hair removal, nail and tanning salons,massage parlors, shower and shaving products, perfumes, colognes and more. Many people now treat their beauty ritual as an escape from the hustle of the information age, whether its a few minutes spoiling oneself with a high-end product or a full day at a luxury spa.

Lotions, Treatments and Baths. Oh my!

Beauty industry opportunities can be broadly separated between products and services, though many providers offer both. Within both products and services, however, exist a wide range of business models based on target market, production processes and location.

From exfoliating soaps and volumizing shampoos to anti-wrinkle creams, the beauty industry provides us with choices galore to keep us looking younger and healthier. Cosmetics exist for every style and taste, as well as every skin tone, texture and even allergy. Rows of toothpaste stretch off into the distance at the local retail outlet, and it is no longer a choice only of brand, but between whitening, tartar protection, flavor, packaging styles and more! And a similar story is told in the aisles for perfume, deodorant and hair coloring. Certain businesses also distinguish themselves through manufacturing processes such as using all natural ingredients or a refusal to use animal testing on products.

While the diversity among service providers is not quite as extensive, there is considerable differentiation between offerings based on price, location and target markets. Some businesses target the inexpensive, fast hair cut market while others focus on providing a luxury spa experience. Franchise opportunities exist for hair salons, skin treatments, nail care, and tanning. Niche providers offer products and services focused on children, weddings,  and fashion, among others.

Different Beauty Franchise Opportunities

  • Hair Care
    • Stylists
    • Salons
    • Shampoos/Conditioners
    • Coloring Product
    • Styling Product (Gels, Sprays, etc.)
  • Cosmetics & Skin Care
    • Make-Up
    • Moisturizing Lotions
    • Tanning Salons
    • Sun Care Products
  • Fragrance

    • Perfumes
    • Body Sprays
    • Cologne
    • Deodorants
  •  Miscellaneous
    • Nail Polish
    • Shaving Products
    • Massage Parlors
    • Hair Removal Service

Beauty Industry Trends

Such diversity and innovation exists because we demand it. The beauty industry continues to expand globally, with some projections claiming 8.5% growth by 2014; revenue growth in 2010 is estimated at 3.3%. Several trends support this expansion and promise continued profitability into the future.Globally, rising per capita incomes and greater access to international markets are increasing spending on discretionary items such as perfumes and cosmetics. Though the recent economic turmoil had decreased spending on some discretionary products in the United States, purchasing of beauty products has remained strong. Consumers did tend to be more price-conscious however, with over 70% of survey respondents claiming to give mass market products more consideration over high-end products during the downturn.

Perhaps not as surprising as it once was, one of the fastest growing segments of the beauty industry is products and services aimed at men. Traditionally focused on female consumers, men today are gaining increasing attention from the beauty industry. Of course most of us have been using deodorant and toothpaste for several months already, but increasingly men are being targeted for body sprays, specialty hair products, lotions and even nail care. Salons offer a menu of pampering services for men, including cuts and shaves, facials, massages and manicures.

Consumers of beauty industry products tend to be brand loyal, and share what works for them with their friends. 58% of those surveyed claimed that personal recommendations weigh more heavily than celebrity marketing, and only 44% bought a particular product for its claim of specific product attributes. Like many things, beauty products gain a level of familiarity and comfort for the consumer, and switching to a new product often takes some extra incentive. Popular and successful marketing campaigns in the beauty industry often include a free sample and discounts for referrals to lure new customers in, and loyalty programs to keep them.

Beauty Industry Franchise Opportunities

From product innovation, organic industry growth and continued growth into the male half of the population, the beauty industry continues to offer a diverse set of profitable franchising opportunities. Beauty franchises exist across the space with dozens of strategies reaching all types of consumer.

Retail opportunities include brick-and-mortar store locations as well as home-based businesses, and span across cosmetics, skin care, hair care, tanning and more. Frequently producers of beauty industry products will have a franchising distribution system, or even have training locations for service providers. Cosmetic and skin care entrepreneurs offer specialized services such as nail care and tanning, a complete menu designed for the full day experience and everything in between. Some salons offer an exclusive membership experience and others specialize on walk-in business.

Hair care opportunities exist for barbers and stylists alike, with a range of different franchises available based on cost, location, and gender. Many male-focused franchises offering everything from the basic barbershop to “the ultimate relaxed grooming experience” have been springing up to complement the traditionally female-focused salon offerings. Franchise chains devoted to children offer a more entertaining environment for kids. There are also businesses focused on hair removal and coloring. Eco-friendly salons such as the Splish franchise offer hair care in an environmentally conscious environment.

As we can see, the beauty industry encompasses a wide range of products and services, and franchising plays a major part in bringing them to the consumer. As the industry continues to grow and evolve, profitable opportunities will abound…the hard part is choosing which one!

Charity asks no questions!

Joseph Kellner

A few weeks ago I came across a dossier in one of my Facebook’s friends profile. And on this profile there was a comments left about other hair dressers work. I have been in this industry for over 29 years and by no means am I a judge or critic of someone else’s work or craft. Especially when I have to keep up my own style of hair coloring, hair design or makeup. There is no way to me for anyone to call themselves a master in the art of hairdressing when it is consistently changing and evolving.  Nor are we able to comment on anyone’s work when they are the artist. Do we know what is going through their minds, no we don’t. But on this profile the “Older generation had to put their two cents in”.  Which I think you need to watch out for in this industry the older generation will sell their souls for a chance to get up on a stage to live off the names of dead men. While in the mean time they will offer you a technique on “Dry Haircutting” and a bottle of “SUDS” and tell you it’s the latest and greatest. “It’s going to change the industry”. Those words were spoken by a man who told me he did all of Vidal Sassoon’s haircuts back in the 50″s. These are your old used cars salesmen of the industry. They will say anything to just catch a fleeting moment of their past, the “Glory Days”, while they have not done anything in the past 30 years. Other than open their wallets to receive a few penny’s from a manufacture for speaking their script.  And if you take a look at their work they are quick to “PAT” themselves on the back and tell you your shit sticks.  They have a group and will only pay you a tribute if you do a “VS” hair style. They will paint a picture of how crappie the new generation work is not up to “THERE PAR”.  They are quick to judge others. While their work still has not progressed since the 1980″s.  A wise tongue and a giving heart goes along way in the beauty industry

I do a lot of photo-shoots every month and all year-long. When I am hired, I am told how to style the hair, how to do the makeup.  That’s the story, and that is how I get paid. Kapish?

real hair truth

The above hair style and hair design was done by a stylist, who I don’t know my friends.  The comments said from fellow hairdressers were as follows.

Ian ‘Gav’ Gavet – We are allowing mediocrity to become a legitimate norm… not good.”

Jim Rondeau  – That picture is beauty school. …… and the looser at that !

Cyrus Bulsara –  Messy hair and disheveled hair…are not hairdressing!

Cyrus Bulsara Hmmmmmm. Licenses should be withdrawn like they do for doctors!

Cyrus Bulsara There’s  a whole bunch of charlatans out there, especially in NY and LA who pat each other on the backs and promote this fugly work. If you had shown me some, of this work when I was at Redken, Clairol, Logics, or Wella, I would’ve laughed! No wonder the two top companies are losing share! And hundreds of managers are being sacked! They brought this on themselves!

Real Hiar truth

Frank Fowden Amen! These so called stylists have to produce this rubbish and call it high fashion because it is a complete lack of personal skill they have to disguise.

Tony Dorso You know what I miss about the old days?…..the haircut was the be-all, end-all of all things…..you could conceivably put color in the same category as right along side of it…..dont get me wrong, of course there has to be fantasy work, up-styling, etc., it just seems to me that we studied and went after the haircutting collections that someone turned out FIRST, (as the foundation of all things), and if they happened to do great up styling, etc. too, then it was an added bonus….I hope what I said makes sense…I’m just thinking back here to the way things used to be……….so much nonsense today….

Cyrus Bulsara – Some of this hair is a disaster and even the company marketing people and trade magazine editors, who are all young and new, don’t know good from fugly! I think this is one of the things holding back the industry! I think we have to take back the industry. And some of you Sassoon and other top trained Hairdressers need to start hitting back. We don’t need to name names or hurt feelings just point out and critique. (I guess I will Cyrus, who by the way is a salesman and not a hairdresser everyone)

Real Hair truth

Now of course these wonderful gentlemen will say, “We didn’t mean that”. But you did mean that or you would have said it another way. Just as I write what I right I will stand behind it. But when the light is turned on in a darkened kitchen they will scatter like roach’s.  But what is said is said my friends. And one day you will pay the price for what you said. Just as I.  Have some compassion my friends. Learn to lead and to motivate my friends. Basically you just do for yourself and your friends. That’s it.  But Charity asks no questions my friends, it just does.  Real professionals would sit back and watch and offer a hint, or ideas to a stylist.  Or wait for a question from that other professional. Notice I said other professional. When you produce a marketable product and you are successful at your craft you have no problem sharing your knowledge. People who feel they need to offer unkind words are normally the ones that are insecure of their work. Know it all’s I say! Being successful is sharing your knowledge with others gladly. We are the secure people. We are seasoned professionals, the helpful. We are the Charity of the profession. We walk the walk and talk the talk! We are the kind.

I would look at this photo and say to the stylist, “What a lovely red color”.  But in my industry a kind word is far away from the present. Professionals take time in creating their own style and with that their is a lot of learning and practicing. But who is to say that if you don’t mimic a Vidal Sassoon style than that is not the way to go. You will find in my industry people will break their backs to do a style that is exactly like a “VS Haircut”. Big Deal, Big Fragging Deal. Do your own thing my friends.  All that time should be spent I feel on perfecting your own techniques. Not reproducing copyright work.  But if you don’t pay homage to the great ones especially the ones who have not done shit in over 30 years you are not going to be anointed by the senior citizens of the industry. People who live off a dead mans name, that’s what they are. Living on the bygone days.  I had a gentlemen in my first film who would charge a total of $10,000 dollars for a dry haircutting class. 10,000 I say to you, for a class. And if you look at the finished work he does it looks like he came from a dog grooming school. His work had no rhythm or reason. Horrible. Another called me and asked if I would help him with a product website, “This product will change the industry Joe”.  I had talked to his money man and he asked if I would send him some examples for a web site. “Sure I said” “But you have to pay me my fee for my time sir”. These guys wanted it all for free, the proceeds from the first film “The Real Hair Truth”  went to people who needed help. Such as websites, books, class’s, blogs and we did them free of charge. But this guy wanted all his shit for free, even after my friend made him a trailer for his website and I even gave him a website for free.  Be careful who you align yourself with in this industry! These people were scam artists. Like the used car salesman of the beauty industry.  We are in an industry that has its own PHOTOSHOP AWARD. NAHA this is a contest who can send in the best Photo shopped pictures and people will get awarded a trophy and be named, “Hairdresser of the year”. And not even be judged in a setting where they do there work in front of a group of Judges.  It’s all a scam. Who can out bullshit who. Take the road less travelled my friends. You will be better off.  Big your fellow hairdressers up, you may not know how hard they are struggling. Have you walked a mile in there shoes?

Real Hair Truth Cosmetic/Beauty Product Injury Lawsuits

the real hair truth

Injuries from cosmetic products can come in a wide variety of forms — from allergic reactions to infections and other complications. There are two main legal theories that a person injured by a cosmetic product (the plaintiff) could sue under: product liability and breach of warranty. This article discusses what a plaintiff in a cosmetic injury suit must prove under either theory, cases specifically related to allergic reactions, and the possibility of class action lawsuits.

Product Liability: The Basics

The most likely theory to be used in a lawsuit involving cosmetic product injuries is product liability. An injured plaintiff can sue both the manufacturer and/or the seller (the defendant) of the cosmetic product if his or her injury was caused by a defect, a defective design or improper labeling. Most states follow what is called the “strict product liability” rule, although a few still use traditional negligence rules.

A plaintiff suing under a strict liability theory simply needs to prove:

  • that he or she was the kind of consumer that the defendant intended to use the product
  • that the defect did not occur after the product was sold, and
  • that the plaintiff was injured.

This kind of theory is called “strict liability” because many of the requirements in a standard negligence case, like proof of a specific duty of care owed to the plaintiff, are not included. Most states adopted strict liability for mass-marketed consumer products because, among other things, the manufacturers needed to be financially responsible for their products, and not be allowed to escape liability simply because of the difficulty plaintiffs faced trying to prove negligence claims.

In a negligence case (in those few states that still use this theory for consumer products), the plaintiff will need to prove:

  • that he or she bought the product from the defendant
  • that the defendant should have known that the product could be dangerous if unaccompanied by proper warnings, or that the product had a defect
  • that the failure to warn the plaintiff, or the defect or defective design, injured the plaintiff, and
  • that the plaintiff didn’t do anything to cause the injury.

Breach of Warranty

A cosmetic product injury case based on a breach of warranty theory will be the same as other standard breach of warranty cases.

An injured plaintiff could sue for breach of an express warranty if the seller or manufacturer made specific guarantees that a product would have specific effects that the product did not have (note that this theory might not fit with most cases involving an actual injury).

The plaintiff could also sue for breach of an implied warranty that the cosmetic product was fit for normal use, i.e. the implied guarantee that no normal cosmetic product would cause an injury if used properly.

Finally, the plaintiff could sue for breach of an implied warranty that the product was fit for a specific purpose, i.e. that the defendant knew the plaintiff wanted to use the product for a specific purpose, but the product caused an injury when the plaintiff tried use it.

There are many state and federal laws controlling breach of warranty claims. Some breach of warranty claims may not be appropriate when the plaintiff is suing for physical injuries, if the law only allows compensation for the money lost on the product (what is called “economic damages”).

Some warranty laws, however, do allow a plaintiff to sue for physical injuries. Perhaps more importantly, proving a breach of warranty can help prove a strict liability or negligence claim. A plaintiff is not limited to suing under one theory, so including a breach of warranty claim in a cosmetic injury lawsuit will generally help a plaintiff’s case overall.

Injuries Caused by Allergies

If a manufacturer knows, or should know, that a product might cause an allergic reaction in some people, injured plaintiffs could potentially sue the manufacturer for failing to warn about the allergic reaction under a strict liability or negligence theory. A breach of warranty theory might also be possible if the allergic reaction is not extremely rare, i.e. the product was not fit for cosmetic use because some percentage of the population was allergic.

Class Actions for Cosmetic Product Injuries

If a cosmetic product causes many or all of its users the same kind of injury, then a class action may be possible. In a class action case, multiple plaintiffs with the same kind of injury from the same source sue the defendant in one lawsuit.

If someone is injured by a cosmetic product, they or their attorney should research whether there is already a class action case or a settlement fund for people injured by the product. Often, even though the case has settled, there will be a fund to pay those who were not a part of the original case.

Real Hair Truth what makes a cosmetic misbranded?

The Beautiful Lies

The film “Beautiful Lies” release date will be in 2014

In our beautiful world cosmetics hold a strong life in the world of personnel beauty. According to the U.S Government this is a definition of what is “Misbranded”.  Realize my friends that in this day and age government is in everything you do, and with the past and current behavior of the U.S Government would you even take there word on just about anything. Politicians cannot even agree on anything anymore, there life span as a senator, congressman, house representative is for life. Your freedom of speech is going down the drain. So why would you take the word of the FDA. According to the United States Food and Drug Administration (FDA), its responsibilities include “protecting the public health by assuring that foods, cosmetics are safe, wholesome, sanitary and properly labeled.” This responsibility entails regulating a large number of companies producing this nation’s food, making appointments to the high-level positions within the agency very important.  Most high-level FDA employees have a background in either medicine or law, but one of the largest private-sector sources is the Monsanto Company. Over the past decades, at least seven high-ranking employees in the FDA have an employment history with the Monsanto Company.

Well aware of its accused ‘revolving door’ connection with the FDA and other government agencies, Monsanto has issued several press releases denying collusion with the government. In fact, it posted on its official website that collusion theories relating to these agencies, including the FDA, “ignore the simple truth that people regularly change jobs to find positions that match their experience, skills and interests.  ”

Monsanto’s statements help shed light on the balancing act regularly occurring on Capitol Hill when appointments to these top agency positions arise. The importance of the food, cosmetic industrys cannot be overstated and, therefore, the pending question remains: Do Americans want industry insiders regulating it, or those from the academic realm?

What makes a cosmetic misbranded?

Section 602 of the FD&C Act [21 U.S.C. 362] describes what causes a cosmetic to be considered misbranded:

“A cosmetic shall be deemed to be misbranded–

  • (a) If its labeling is false or misleading in any particular.
  • (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Secretary.
  • (c) If any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
  • (d) If its container is so made, formed, or filled as to be misleading.
  • (e) If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements, applicable to such color additive, as may be contained in regulations issued under section 721. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes (as defined in the last sentence of section 601(a)).
  • (f) If its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.

Note that under the FD&C Act, the term “misbranding” applies to–

  • False or misleading information,*
  • Lack of required information,
  • Conspicuousness and readability of required information,
  • Misleading packaging,
  • Improper packaging and labeling of color additives, and
  • Deficiencies where the Poison Prevention Packaging Act requires special packaging.

*Note: According to the FD&C Act, a determination that labeling is “misleading” includes considering both what the label says and what it fails to reveal:

“If an article is alleged to be misbranded because the labeling or advertising is misleading, then in determining whether the labeling or advertising is misleading there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, or any combination thereof, but also the extent to which the labeling or advertising fails to reveal facts material in the light of such representations or 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” (FD&C Act, sec. 201(n); 21 U.S.C. 321(n)].

In addition, a cosmetic marketed in violation of the FPLA or any regulations issued under its authority is considered misbranded within the meaning of the FD&C Act [15 U.S.C.1456(a)]. For cosmetics offered for sale as consumer commodities, the FPLA–

  • requires further label information, such as the product’s identity [15 U.S.C.1453], and
  • authorizes the implementation of regulations to specify the proper presentation of required label information, require an ingredient declaration, and prevent deceptive packaging [15 U.S.C.1454 (c)]

The FPLA defines a consumer commodity, as it applies to FDA-regulated products, as:

“any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act …, and any other article, product, or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use.” [15 U.S.C.1459(a)]

Note that the FPLA defines a consumer commodity by the way it is marketed, not the way it is labeled. Labeling a product with words such as “For Professional Use Only” does not keep your product from being considered a consumer commodity under the FPLA.

Labeling regulations are very complex. Detailed information on cosmetic labeling is available in FDA’s Cosmetic Labeling Manual and the labeling regulations themselves [21 CFR 701].