Tag: manufacturer

Defective Product Personal Injury Lawsuits

~ Joseph Kellner

The Beautiful Lies

Defective product litigation and injury lawsuits involve defective and unreasonably dangerous products that cause personal injuries and even death. Manufacturers of defective products are liable for design defects, improper safety devices and manufacturing defects that cause injury.

Product liability lawyers will evaluate cases involving defective consumer goods that cause physical injuries such as burns, fractures, head injuries and blindness. Lawsuits can be brought against manufacturers for design defects, improper safety devices and manufacturing defects, and marketing defects (failure to warn of possible hazards). Injuries, deaths and property damage from defective and recalled products cost the public more than $500 billion each year.  There are four legal means for establishing liability in personal injury cases where a defective product has caused injury.

  • Negligence occurs when expected, reasonable care is not taken and a legal responsibility exists to do so. The lack of care can be the result of carelessness or even malice. Negligence can occur when defective parts or improper assembly results in a dangerous or malfunctioning product.
  • Breach of warranty takes place when a seller fails to uphold a claim or promise about a product.
  • False advertising that leads consumers to believe a product is safer than it really is, or distracts them from potential risks inherent in the use of a product, can be argued as misrepresentations under breach of warranty or under strict liability.
  • “Strict liability” makes the manufacturer or seller of a defective product responsible for all injuries occurring from the use of the product. The victim must show that the product was defective, and that the defect was the cause of the personal injury. If so proven, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent. “Strict liability” means everyone involved in the making of a consumer product is potentially liable for any personal injury that results from using the product.

There are three main types of product defects that can result in a personal injury.  These occur before the product is created, in the initial design and planning stage.These flaws result from mistakes that take place during the actual manufacturing stage.  Advertising misrepresentations occur when sellers do not provide adequate warnings or instructions, or define the potential risks of using the product.  More than one party may be legally responsible for a personal injury, i.e. the designer, manufacturer, wholesaler, retailer, advertiser, etc.

You may need to know how old the product is that injured you. Most states have laws limiting how long the manufacturer or seller can be held liable for personal injuries. The limits are usually from six to 12 years after the product was first sold on the market.

Product liability cases usually involve products such as toys, automobile design, household products, industrial machinery and equipment, farm machinery, products causing explosions and burns, aviation products, medical devices or drugs and any other defective or unreasonably dangerous product.

A “defective product” is one that causes some injury or damage to person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and others involved in the chain of commerce involving the products that caused the injury, are often liable for injuries defective products cause.

THE SMARTPHONE OF HAIRCOLOR IS HERE….COURTESY OF B’ORÉAL OF PARIS.

~ Joseph Kellner

THE REAL HAIR TRUTH.COM

I often wonder why salon owners and booth renters will buy from B’Oreal, WHY? But as soon as I think about it hairdressers are not left brain and right brained at the same time. Business is not taught in beauty schools. And if there is a business class in the hair shows it is to dump on one brand and try to sell you there’s.

So who do you want to partner with, the company that teaches consumers that they can do your job & discredits you or the ones that support the professional hairdresser? And the professional(?) Hairdresser will buy from companies such as Boreal, Paul Mitchell, Redken, TIGI, etc. knowing they do not have a EXCLUSIVE with the company. Because they are in competition with the manufacturer. The manufacturer will make a cosmetic line for the consumer and also for the professional(?). Trust me in other professions a true professional would not do this stupid mistake.
THE SMARTPHONE OF HAIRCOLOR IS HERE….COURTESY OF B’ORÉAL of PARIS.
L’Oreal Paris Mousse Absolue
At-home hair dye always seems like a fine idea until you find yourself trying to mix several different foul-smelling chemicals in the right ratio while unfolding a manual the size of a roadmap for planet Earth. But, though it may be less than ideal, for many women, an expensive hours-long trip to the salon isn’t an option anymore.
It’s something that’s been in the works for over a decade, according to Luc Maelstaf, packaging designer for B’Oreal of Paris. “Everybody always dreams of a product where you push a button and a machine does the work for you,” he says. “This device does just that: It makes the hair color mix without the consumer even noticing that it’s happening.”

Maelstaf says that B’Oreal of Paris used Japanese technology to develop the packaging of the product, which is what makes the automatic, reusable qualities possible. Two separate aerosol cans are held together in a sleek plastic sleeve. One can contains the colorant; the other, the oxidant. “The reaction to create hair color only happens when you have a mix of those two things,” says Sophie Bodelin, the head of hair color labs for the France headquarters of B’Oréal of Paris. “But now you don’t have to mix it yourself. The mix is complete as soon as the product comes out of the bottle.”

But in my industry they will buy the products from Boreal and use them in there salon. And what you have to listen to now is when the customer asks you what are you using on there hair. They will ask you. And then go home and find it on the internet. Thank you internet you gave the manufacturers a ndew3 way to sell there products. And that goes like wise for the entrepreneur. A entrepreneur will have a lot of hard times in the beauty industry. Manufacturing a beauty product is not easy and it takes money from start to finish to packing. What’s left for the beauty industry entrepreneur. The internet. Cosmetics company’s have never dreamed there sales would sky rocket like they have since the birth of the internet.
So for the Entrepreneur. 
 IT’S SIMPLE AND THEY HAVE SEEN THE MAJOR MANUFACTURERS DO IT SO THEY ARE ALREADY SCHOOLED on the vast uses of the internet. And also IN THE KNOWLEDGE OF NO VALUE AND NO EXCLUSIVE FOR THERE FELLOWS IN THE INDUSTRY. That would be too much to ask for especially in day and age when EX-Monsanto employee’s run the FDA.  Why go door to door anymore to sell your product. Don’t put a face on it, don’t take any responsibility for it. When you can just plant your packaged (Soap) on the internet. And dear Lord don’t get to know your customers, because they will soon find out your product is just a private label just like the many entrepreneurs have in the beauty industry. I have a gentleman in my next film “The Beautiful Lies” who sells hair color. Since I have used his hair color I get nothing but calls from the company wanting to tell me of there newest and latest and greatest product. That I should try and mind you buy also. They never heard of having samples to give to there good clients. And if a company in my so called professional beauty industry wants to tell you the horrors of a major manufacturer it is for there goodness. They just want you to buy there shit.
LOSERS!

 

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

~ Joseph Kellner

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.

Entrepreneurship the Solution to Manufacturer Deception in the Beauty Industry!

~ Joseph Kellner

The last few years have really surprised me. Nothing at all will suprise me about the manufacturers, magazines, or the so called PBA (Professional Bullshit Association)  in our beauty industry. The  manufacturer deception, mislabeling and fraud is ever so apparent in the industry. Industry magazines will advertise NAHA , Cosmoprof, Premier, Vegas shows while really addressing the important fundamentals of needed change in my industry. It would be to important for industry publications to take topics by the horns and really research the effects of manufacturer deception and mislabeling within our industry. And beauty professionals just sit back and sweep it under the rug. Industry publications have turned into the Sears Roebuck  for manufacturers to sell their wares in. They promote of vision of an industry they want you to perceive and to only know. Getting into one of these publications is hit or miss in my industry. So called industry icons will  align themselves with these magazines to keep there “Aura’s FRESH”. Protecting their name, keeping it in the loop for financial gain, but not really being worthy of leadership. “Here is the newest SOAP YOU CAN BUY EVERYONE”!

Entrepreneurship the Solution to Manufacturer Deception in the Beauty Industry!

Ask yourself each and every day “What is the industry really about, are the issues being given proper attention?’

Do you have an EXCLUSIVE on your retail shelves?

Is there still formaldehyde in Keratin treatments?

Has the “So Called PBA” taken legal action’s to make you industry safer and help you with a healthier salon environment?

Is Paul Mitchel, Matrix, Redken, etc still being sold in the commercial sector?

Can Professional hair color be bought on the internet?

Can Keratin treatments be bought on the internet?

Did you know? The European Commission believes the use of methylene glycol/formaldehyde at 0.2 per cent formaldehyde equivalent is not considered safe in hair straighteners following a meeting held on the subject in June!

Does your salon owner follow the guidelines from OSHA regarding Keratin treatments?

Did you know there was salon workers and advocates from all over the country are descending upon Washington D.C. for a day of action to raise awareness about toxic chemical exposure in the workplace. Did you know that?

Entrepreneurship the Solution to Manufacturer Deception in the Beauty Industry!

Entrepreneurs come in all Colors, Genders, Religions, Sizes and Ages. We all speak the same language, and we all come from the same mother. We strive to make a difference in our Community’s, Professions and Industry’s.

 We are not afraid to speak up!

We are not ashamed to make mistake’s, but to only look at them as success’s. We are Leaders not follower’s.  We try and try again and grow with like minded individuals. We are not afraid to ask the questions. We constantly seek answers and solutions.

We stay the course we have set!

And we love to hear, We cant do it! Thats the worst thing to say to a Entrepreneur. “You cant do it, there is no market for it, NO One will support you”. YOUR CRAZY Yes we are all a wee bit crazy. But we ask ourselves each and every day. Why Not? Instead of why.
 
We follow our own path and we know what success is, We live it everyday!  Nothing stops you from being successful but yourself. We are self educated. Yes it may cost you money, you will learn patience, and time is every so abundant for you. We try and try again. We are not afraid.
 
We like change! We embrace it!  

We are hated. We are the crazy ones, who see the world in a different light, we never give up. Passion is our middle name. We all believe in what we are doing we may not change the masses but to only change one, one person is the extreme we seek. We believe in ourselves.
 
We have our own Philosophy’s.

We encourage each other, and lift each other up when we are in our valleys. And we believe in sharing. We have no jealousy, envy, we share knowing we will make this world a better place. Believing in your mission in life is very important, and sharing everything for others benefit to grow is true wisdom. We do business together.

We don’t give up, we stay true to our mission!
 
Be careful who you align yourself with. If you are on the right side of the road and others go left stay true to your course. You will gain fruition. You will see your idea grow, you will gain a education that no ivy league college will be able to give you. Yes! You will beat to your own drum and when that happens make it a way of your life. We don’t jump on others bandwagon for advertisements, we write our own books, publish our own magazines, create our own shows, and make our own products and films.

We network together!

We are not followers!
 
We are not afraid to fail we embrace our failures as a learning experience.

 Don’t make someone else wealthy, invest in yourself and and that is what I call success and entrepreneurship. Living your day the way you want. That is true success, Fame is overnight and short!

 

Best Regards

Joseph Kellner

Review of ‘The Real Hair Truth’ from Shear Miracles

~ Joseph Kellner ~ Leave a comment

The Real Hair Truth, Volume 1 by Joseph Kellner

The Real Hair Truth is the first documentary that I have seen in my 20 years of being in the beauty industry that has portrayed many of the thoughts and feelings about the hair business that I have had for many years. If you are a hair dresser, salon owner or thinking about becoming involved in the industry, please watch this film with a positive open mind. Although on the surface, this documentary may be taken as negative about the hair industry, it is not. Our industry is at a turning point in our country. No longer is becoming a hair dresser associated with those individuals that are considered “not college material” or for those who don’t know what they want to do with their future. According to one of The Real Hair Truth’s contributors, Eric Charles Mokotoff, an accomplished hair dresser, educator, and colorist, “it is a profession of art, science, psychology, creativity, fashion, beauty, trend, media and well-being.” Joseph Kellner, a successful hair dresser and make-up artist of over 20 years, is calling for a positive change at the appropriate time. This is exciting to me! He covers many different topics including practical advice on being a successful hair dresser, how to look for the right salon to start in, the necessity of apprenticeship, the importance of continuing education, booth renting verses commission based salon programs and salaries, hair shows, maufacturer based beauty school education, and so much more. Please buy this film, pass it on, put into practice what you learn and become part of the change. (Plus, Joseph donates a portion of the proceeds from this documentary to go to continuing education for hair dressers that cannot afford it!)