Tag: real hair truth

OSHA Warns Brazilian Blowout!

~ Joseph Kellner

 

Mr. Michael Brady
CEO, Oill LLC dba Brazilian Blowout
6855 Tujunga Ave.
Nortb Hollywood, CA 91605

 

Dear Mr. Brady,

 

The purpose of this letter is to alert you to an issue that has been brought to the attention of the Occupational Safety and Health Administration (OSHA). OSHA has become aware of your August 24, 2011, letter sent to salon owners. The letter states, and your website implies, that “all OSHA and independent air-quality tests conducted on the Brazilian Blowout Professional Smoothing Solution, as well as all others in this category, have yielded results well-below even the most stringent ofOSHA standards (AL, PEL, STEL).” Please be advised that we disagree with this statement.

 

Earlier this year, an OSHA inspection at a salon found that workers using Brazilian Blowout Acai Professional Smoothing Solution were exposed to formaldehyde levels that exceeded OSHA’s 15-minute short term exposure limit (STEL) of2 ppm. A citation was issued to the employer after OSHA inspectors conducted air sampling. This is only one example, but there are other instances where OSHA investigations have found exposures to formaldehyde exceeding legal limits in workplaces applying professional hair smoothing solutions. Further, OSHA’s laboratory performed analysis of bulk samples of your product, which revealed significant levels of methylene glycol (known to release formaldehyde) to be present. Pursuant to 29 CFR 1910.1048, the agency requires manufactures of products that contain or potentially release fomlaldehyde to include information about the chemical and its hazards on the label and in the material safety data sheets. Hazards associated with formaldehyde must be listed if it is present in the product at 0.1 % or more (as a gas or in solution) or if the product releases formaldehyde into the air above 0.1 parts per million.

 

It is improper to provide misleading information or make misrepresentations regarding OSHA, or to use the agency’s name to promote a private enterprise, product, or service. When such use comes to our attention, we insist that any and all implied or stated references to OSHA are discontinued immediately. Therefore, we request that you take the following corrective action:

 

  • Remove any and all false, misleading or other statements referencing OSHA regarding your product from your website.
  • Send out a correction/retraction to your August 24, 20 II, letter to salon owners, clearly stating that OSHA air quality tests conducted on Brazilian Blowout Acai Professional Smoothing Solution have yielded results above acceptable OSHA limits.

 

Attached please find OSHA’s hazard alert on hair smoothing products that could release formaldehyde. Thank. you for your attention to this very important matter.

 

Sincerely,

Frank Meilinger, Director
Office of Communications

Marcia Teixeira -Copomon Enterprises – Pro Skin Solutions Inc – OSHA News Release

~ Joseph Kellner ~ Leave a comment

A Wonderful Bunch of Bastards in My Industry!

US Department of Labor’s OSHA cites Florida manufacturers and
distributors of hair products containing formaldehyde for health violations
Companies failed to protect workers, warn product users of hazards

ATLANTA – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for 16 health violations involving alleged failures to protect their employees from possible formaldehyde exposure and to communicate with the products’ users, such as salons and stylists, about the hazards of formaldehyde exposure. Proposed penalties for the companies total $49,200.

“Employers are responsible for identifying the risks associated with producing and using these hair products, as well as for taking appropriate measures to ensure that they protect their own employees and other workers who may be using their products, such as stylists, from any potential hazards,” said Cindy Coe, OSHA’s regional administrator in Atlanta.

OSHA’s inspections were initiated based on a referral by Oregon’s Occupational Safety and Health Division, which tested more than 100 product samples at 50 salons using hair smoothing or straightening products. Some products causing formaldehyde exposure were traced back to the Florida manufacturers and distributors. Formaldehyde can irritate the eyes and nose, and cause coughing and wheezing. It is a sensitizer, which means that it can cause allergic reactions of the lungs, skin and eyes, such as asthma, rashes and itching. It also has been linked to cancer.

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 there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Pro Skin Solutions Inc. in Orlando, a manufacturer of keratin-based products used for hair straightening, has been cited for five serious violations with penalties of $15,000. Violations include failing to establish a written respiratory protection plan, provide an emergency eyewash station, develop appropriate procedures to protect employees in the event of an emergency and develop or implement a written hazard communication program. The company also failed to address formaldehyde exposure and inhalation hazards, including possible cancer-causing effects, on material safety data sheets for the formaldehyde-containing products.

Additionally, Pro Skin Solutions has been cited for two other-than-serious violations with no monetary penalties for failing to maintain air sampling records and provide written procedures for evaluating chemical hazards. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Keratronics Inc. in Coral Springs, a manufacturer of keratin-based products used for hair straightening, has been cited for three serious violations with penalties of $9,000 for failing to provide an eyewash station for employees using corrosive products, evaluate the hazards of keratin-based products for development of the material safety data sheets, and develop or maintain a written hazard communication program on handling chemicals such as timonacic acid, formalin, acetic acid and hydrolyzed keratin.

All manufacturers, importers and distributers are required by OSHA standards to identify formaldehyde on any product that contains more than 0.1 percent formaldehyde, either as a gas or in a solution that can release formaldehyde at concentrations greater than 0.1 part per million. The material safety data sheet that comes with the product also must include this information, as well as explain why the chemical is hazardous, what harm it can cause, what protective measures should be taken and what to do in an emergency. The sheets are used by employers to determine products’ potential health hazards and methods to prevent worker exposure.

Federal OSHA issued a hazard alert earlier this year to hair salon owners and employees about potential formaldehyde exposure resulting from working with some hair smoothing and straightening products. It can be viewed at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html.

In addition, the U.S. Food and Drug Administration recently issued a warning letter to GIB LLC in North Hollywood, Calif., doing business as Brazilian Blowout, concerning misbranding relating to formaldehyde. That letter is available at http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm270809.htm.

Keratronics, M&M International and Copomon Enterprises were inspected by OSHA’s Fort Lauderdale Area Office, 1000 S. Pine Island Road, Suite 100, Fort Lauderdale, Fla. 33324; telephone 954-424-0242. Pro Skin Solutions was inspected by OSHA’s Tampa Area Office, located at 5807 Breckenridge Parkway, Suite A, Tampa, Fla. 33610; telephone 813-626-1177. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency’s toll-free hotline at 800-321-OSHA (6742).

The companies have 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance.

 

More Great Reviews for the Documentary!

~ Joseph Kellner

 

Another Great Review for the Documentary
The Real Hair Truth!
This morning I woke up and viewed a DVD that an amazing advocate and industry professional hairdresser and make-up artist, Mr. Joseph Kellner from Orlando, Fla. sent me titled: The Real Hair Truth. Approximately 90 minutes of pure unbiased facts about how the hair industry in operating, why our hairdressing schools are failing us, why h…uge product manufactures are betraying us (greed) and what we should be doing as professional stylists to gain back this amazing industry we’re so passionate about. One interview after another on this eye-opening experience has left me with one thing on my mind: Get involved and don’t let up!

Mr. Kellner, I thank you immensely for sharing this research and so unbiasedly. You did more than a stellar job in presenting this education and now I’m already working on the many ways I can insure that what I use and recommend to any guest that finds themselves in my design chair is not only treated with the utmost respect (which I always do) but that they are NEVER misled or given erroneous advice just because a manufacturer sends me free products or offers classes.
You DID hit the nail on the head. You are truly THE MAN!!!
Manufactures that divert…you’re history in my book. Every salon client deserves much better than this. Your greediness and your self proclamations will soon be your demise.

 
Steven Michael  Hey Joseph! Hope you did more than OK during Irene’s wrath. I managed to escape much of it where I live in NH. Just wanted to let you know that I woke up this morning and viewed/took copius notes on the DVD you sent me. Thank You a million times over!!! You did an excellent job in this presentation! Check out the note that I posted on my FB page. You should be very proud of yourself. I’d like to stay in touch.
 
Miquel Jessup  I watched the real truth hair documentary and thought the it was a real good. I thought it provided lots of good info and insight in the world of hair and touched on alot of good topics like diversion and also on schooling so it opened my eyes to look and really do my research in this field …
 
 

Another Great Review For the Documentary!
THE REAL HAIR TRUTH
Over the weekend I watched this documentary and this was very eye opening.
This is a very timely film.
Our industry is spitting out student at such a rapid rate, it is ridiculous.
… As a recent graduate for the second time, I agree with the need to regulate schools, hours, and testing across the board with all states, to unify the industry.
If you have not seen this film, it is a must see.
I applaud you for stepping up and bring this to us.
Thank you!
Jean Ciel
 
Monica Morgan   I would love to initiate an international boycott of anything L’O…maybe then they would reign in diversion, quit marketing to the mass what should be professional and the little guy with quality products that are not diverted would stand a chance..and maybe just maybe the stylists/salons that do not care right now would actually see the difference it makes to their bottom line and start to care!!
 
Christopher Belmont  There is a man Jospeh Kelner, he has a heart of gold and he is very concerned with the industry and the professionals, all over the world. He speaks the truth and he has a dvd titled “The Real Hair Truth.” He has a passion for his work and others that he comes in contact with. I felt this in my heart and I wanted to share it with him and others. Sir Kelner Rocks. Many Blessings and Love to you….
 
Joseph you rock, I can see the time you spent in such a provacative and emotional tribute to your outlook on the beauty industry. Not many people have the guts to stand up to the man, but you sure did. I will be attending the ABCH this weekend and personally want a picture with you and a autograph. I DID use to work for Paul Mitchell and could tell you storys about there deceitful practices they use on the industry. I was a sales and a educator for the PM corp. Let me buy you a few drinks this sun, or mon and I will blow your ears away!
Rock on Joseph

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

 

Valid Or Not Valid: The Truth about Contracts

~ Joseph Kellner

So many professionals have invested in our beauty industry in becoming a Paul Mitchel salon. And have been let down by the huge conglomerate by not policing their end of the contract that they make you sign when purchasing the hair care line in your salon. That is why there is a huge class action lawsuit brought on to them by no one but themselves.  Contracts in this profession do not hold up in court.  This false advertising lawsuit was filed in New York Federal Court on July 1, 2010, against the following: L’Oreal USA, Inc., the owners of Matrix, Redken, Pureology, Kerastase and others; The Procter and Gamble Company, the owners of Wella, Sebastian, Nioxin, and Graham Webb; Conair Corporation, the owners of Rusk; Farouk Systems, Inc., the owners of Chi and Biosilk; Sexy Hair Concepts, LLC; Tigi Linea, LP; and John Paul Mitchell Systems. This is what corporate greed gets you. 
The purpose of a contract is to ensure the completion of actions based on specific guidelines or stipulations for the parties involved. Incidentally, most people think that in order for a contract to be valid it has to be written, but that isn’t always the case.

 

A valid contract does however need to contain certain elements. First of all, it needs to identify all the parties involved. Secondly, it needs a mutual consent between the parties. Typically, there is an offer and acceptance that takes place between the parties that is communicated in the contract.

 

Thirdly, a valid contract needs to have an object, which is the portion of the contract that is actually being agreed upon. For this part, it is best to be specific on dates, deadlines, payments, breach of contract requirements, and termination conditions.

 

The fourth element is the consideration factor. The consideration shows what each party will gain as a result of the agreement. Paul Mitchel Systems offers “A EXCLUSIVE” to the product in your salon. Do you see the product anywhere else? I see it all over the commercial sector of the beauty industry.  Is that what you signed for.

 

The next time you see a contract, make sure it includes all the above elements. If it doesn’t, or if there is a portion that you question, you should probably contact a lawyer before you take any action. When considering buying Paul Mitchell products be assured that there end of the bargain will be in the commercial sector of retailing and not your salon. When considering of having a retail line in your salon, go with independent manufacturers within the beauty industry. AND DONT SIGN A CONTRACT. It is a waste of ink.