False Advertising L’Oréal Settlement Notice!

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.

Real Hair Truth L’Oreal to Shelve ‘Salon Only’ Tag for Products!

WASHINGTON (CN) – L’Oreal can settle false advertising claims over supposedly salon-only products that are sold in stores by changing its labels, a federal judge ruled.
Alexis Richardson had led a class against the cosmetics company on behalf of consumers who purchased L’Oreal’s Matrix Biolage, Redken, Kerastase and Pureology products after August 30, 2008.
The April 2013 complaint alleged that L’Oreal deceptively labeled the products as “available only in salons” while nevertheless stocking them in Target, Kmart and other non-salon retail establishments.
“Plaintiffs allege that the salon-only label implies a superior quality product and builds a cachet that allows L’Oréal to demand a premium price,” according to the settlement-approval ruling filed Thursday.
The plaintiffs had filed the suit in Washington, D.C., after resolving related claims from an earlier action in the Northern District of California.
“In the course of those negotiations, L’Oréal provided plaintiffs with extensive documents and information relating to its anti-diversion and labeling practices,” U.S. District Judge John Bates wrote.
“But plaintiffs allege that, despite L’Orèal’s efforts, the products are available in non-salon establishments, and argue that L’Orèal’s labeling and advertising for these products is hence deceptive and misleading.”
As part of the settlement, class representatives can petition for no more than $1,000 each, and L’Oréal will pay up to $950,000 in attorney fees, costs and expenses. The settlement otherwise provides only injunctive relief.
In his approval order, Bates explained the class’s reasons for not trying to certify a damages class.
“First, assessing the value of the salon-only claims to consumers would be difficult, and L’Oréal has never attempted to do so,” the ruling states. “Second, assessing damages on a class-wide basis would be even more difficult – the information provided during the negotiation process revealed substantial price variations among retailers and in different regions, and indicated that non-salon retailers often sell the products at a lower price than do salon retailers, making damages to those purchasing the product in non-salon establishments difficult to analyze.”
Bates said he would defer to counsel’s assessment.
“And class members will retain their right to seek damages in individual actions, dispelling many concerns about foregone payments,” he added. “In these circumstances, an equitable-relief-only settlement may be approved.”
If the settlement wins final approval, L’Oreal will remove the “salon only” label from all of its U.S. advertising and labeling on products distributed in the states.
It will also discontinue manufacturing the labels for its U.S. products, and it will remove the “salon-only” claims from its websites and from any promotion materials.
Both parties have agreed to publish legal notices in USA Today for one week, referring class members to a website that contains a copy of the proposed agreement. Any objections to the settlement must be filed before the Fairness Hearing on October 11, 2013, when the final settlement will be approved.  It seems L’Oreal will get off easy for all the damages they have done to the so-called professional beauty industry.  Their anti- diversion rhetoric is a bunch of bullshit. And always has been.  Too late, Too little the damage has already been done!

“The Beautiful Lies” short trailer for the film

In August of this year 2013 the editing for the next film from the Real Hair Truth Series will begin. The title of the next film will be “The Beautiful Lies”. The film will encompass Entrepreneurs, Manufacturer Deception, Marketing, Ingredients, Product Labeling, Deceptive Labeling, Formulating your own Brand, Health and Welfare, Do You Know What You Are Using In The Salon?, And what’s in your Salon Products?. This so far has been a 4 year endeavor or filming, interviewing, traveling to create this film. I will have some very interesting interviews from OSHA, FDA for the topics of Health and Welfare. Being an entrepreneur is not an easy task and you will see a lot of interviews in the film regarding to entrepreneurship. The Up’s and Down’s of starting your own business from scratch, product lines, books, videos etc. Motivation, Perseverance, Ambition the film “The Beautiful Lies” covers it all. The film will be completed by December 2013. This film was solely funded by Jotovi Designs Inc., and is not seeking any form of Sponsorship. And as of February 11, 2011 “The Beautiful Lies” is copyright on this website including, without limitation, text, Images, software, logos, icons, and sounds recordings. Films and html code is owned or licensed by Jotovi Designs Inc.  All editorials, interviews, graphics on this site are protected by U.S. copyright and International Law. And is solely the full property of Jotovi Designs Inc. Jotovi Designs Inc. is a registered trademark with the U.S. Library of Congress. All rights are reserved.  Any destruction, copying, sales, advertising,  of this film by any party, and without the prior consent of Jotovi Designs Inc. will be prosecuted to the fullest extent of the U.S Copyright and Trademark Law in the United States. Jotovi Designs Inc. does not endorse or conduct business with any or all the party’s interviewed in this film. This film was financed by Jotovi Designs Inc. and by no other parties. All party’s involved in this (Featured film) including, Editors, Sound Technicians, Paid Interviewed Personnel, Illustrators, Manufacturers, Videographers, Producers have been paid fully by Jotovi Designs Inc. and have no future claims or holdings to this (featured film) The Beautiful Lies.

Loreal buys up – Emiliani Enterprises and Urban Decay Real Hair Truth!

 

French cosmetics giant L’Oreal S.A. (OR.FR)  reached an agreement to buy U.S.-based Emiliani Enterprises, a professional distribution business, for an undisclosed amount. Emiliani Enterprises established in the metropolitan New York area, New Jersey and Connecticut,  supplies hair salons through a network of representatives and sales outlets open only to professionals. Which wont last to long since L’Oreal acquired the company, L’Oreal USA will extend its distribution in the U.S., which now covers 48 states in the U.S. out of 50. And as for Urban Decay, created in 1996 by make-up expert Wende Zomnir, has built a reputation based on the concept of beauty with an edge and values of femininity and irreverence. The line has star products in the eye category such as the Naked Palette and recently successfully launched its new foundation, the Naked Skin weightless liquid make-up. Urban Decay is popular among the youthful highly-involved cutting-edge consumers who are attracted by the fashion-forward image of the brand. The market for make-up specialist brands represents 44% of the luxury make-up market in the US. In the fiscal year ended in June 2012, Urban Decay recorded net sales of 130 million US dollars. Urban Decay is distributed in the key assisted self-service channel which includes among others Ulta and Sephora. Which does not tell you much since everything and anything can be purchased in Ulta.

L’Oréal USA, headquartered in New York City, with 2011 sales of over $5.1 billion and 9,800 employees, is a wholly-owned subsidiary of L’Oréal SA, the world’s leading beauty company. In addition to corporate headquarters in New York, L’Oréal USA has Research and Innovation, Manufacturing and Distribution facilities across seven states, including New Jersey, Kentucky, Arkansas, Illinois, Ohio, Texas and Washington.  L’Oréal’s impressive portfolio of brands includes Lancôme, Giorgio Armani Beauty, Yves Saint Laurent Beauté, Viktor & Rolf, Diesel, Cacharel, Clarisonic, L’Oréal Paris, Garnier, Vichy, La Roche-Posay, L’Oréal Professionnel, Kérastase and Shu Uemura Art of Hair, Maybelline New York, Soft-Sheen.Carson, Kiehl’s Since 1851, Ralph Lauren Fragrances, essie Cosmetics, Redken 5th Avenue NYC, Matrix, Mizani, Pureology, SkinCeuticals and Dermablend. Basically your typical drug store shit. I will guarantee you more and more so called professional haircare products will show up on the commercial sectore of the consumer market.

Haircolor, Haircare Giants In the Industry Are Stealing From You!

THE REAL HAIR TRUTH.COM

You know who really is making the revenues now, Thats right Home Haircoloring, and Haircare. Industry giants are out there putting the profession in the dirt and a good percentage of the hairdressing, makeup industry professionals  just sit on the ass and let it go by. WHEN ARE YOU GOING TO WAKE UP.

Alberto-Culver, L’Oreal, Clairol, Upjohn,  Procter & Gamble, Unilever, Revlon. “L’Oreal and Procter & Gamble stand out in front of the leading marketers that have been swallowing up salon hair care companies. And brands to bolster revenues in the face of flagging category sales.
L’Oreal has bought Redken (1993), Matrix (2000), Soft Sheen (1998), Carson (2000), and most recently, Artec (2002). These purchases give the French beauty products giant an even stronger and more diversified position in the U.S. salon products market. P&G has also expanded its hair care portfolio with two substantial
moves. It bought Clairol from Bristol-Myers Squibb in May 2001 and then acquired Wella.

Salon Professional will go to SALLYS and buy all the products stated above and not think a thing about it. There is only one privately owned haircare/haircolor company left in the business SCRUPLES. Thats It!

Then you get some professional starting there own retail lines in our industry and then they sell out to make a Buck, remember ARTEC, they did the same thing sell it to you and make a legion of customers within the profession and then CASH in on the product.

You haircoloring sales are going down the tubes now thanks to the giants accomadating the consumer, giving false information to sell a buck. That is fine for me I specialize in corrective haircolor so there preying on the ignorance of  haircolor to the consumer helps the growth within my salon.

But when you think of all the other companys selling to the industry professionals haircolor in deals that the stylist cannot so no to. Is also preying on the ignorance of the salon professional. A salon professional who is not specialized in the art of haircolor will buy a introductory package from the Sales associate who represents the Distributorship and not even recieve the full haircolor line. Colors that are speciality haircolors can be easily be made by knowing the haircolor wheel. But the manufacturer will make certain haircolors for the stylist preying on there lack of knowledge of the color wheel. The point I am trying to make from all of this is the inside of the Professional salon industry manufacturers and distributors are sticking it to you. You think they are for you  (Booth Renter) and the Salon but they are not. One of the great ploy I see in the industry is how every year you see SEBASTIAN, GOLDWELL, MATRIX, FRAMESI, all these companys advertise a better product. But in realisty they are just repackaging the product. SAME THING DIFFERENT FACE! Disytributors will do the same thing where I am from in Orlando I use Goldwell Haircolor, the distributorship is called EVOLUTION in Jackonsville. They will put together a new product launch from the manufacturer and sell you a ticket for let say $50.00 and give you a goodie bag of crap! After a hour of bullshit I came to realize the product was the same only repackaged. I paid $50.00 for a stupid product relaunch!

YOU SEE THIS ALOT AT THE HAIR SHOWS!!!

YOU HAVE ALL BECOME COMPLACENT

Joseph Kellner