Tag: real hair truth

L’Oréal Hair Product Class Action Lawsuit Settlement. Burn In Hell!!

~ Joseph Kellner

TheRealHairTruthLogo

As usual in our industry, See no Evil, Hear no Evil, Speak no Evil. None of the So-called industry websites, comic books, or fan clubs will do no reporting against no major manufacturer in my industry. It is common knowledge for manufacturers to supply the latest and greatest to the industry sheep. For the purpose of increasing the financial pyramid for themselves. No longer is there a honest approach of informing the beauty industry of news about class action lawsuits for the betterment of the industry. WHY YOU SAY? Because industry giants sustain the beauty industry and give financial backing to the comic books, websites and fan clubs. If one of the three prior mentioned “bite” the hand that feeds them there would be no existence for that website, or magazine or organization.  So in general you will not know who, what, where in this industry. You will be led unless you do any investigative work by yourselves.

REALHAIRTRUTH

L’Oréal USA Inc. has reached a class action lawsuit settlement over claims it falsely marketed shampoo, condition and styling products under the Matrix, Kérastase, Redken and Pureology brand names.Under the proposed settlement agreement, L’Oréal will modify the labels of these products to remove certain misleading language.

The L’Oréal settlement will resolve a class action lawsuit (Richardson v. L’Oréal USA Inc.) that alleges L’Oréal misled consumers into believing they could only purchase the Matrix, Kérastase, Redken and Pureology products exclusively in professional salons, when consumers can purchase the products in major retail outlets.

REAlhairtruth.com

L’Oréal denies any wrongdoing, but has agreed to a class action lawsuit settlement to resolve the litigation.

Class Members of the L’Oréal class action settlement include all consumers nationwide who purchased the L’Oréal products for personal, family or household use on or after August 30, 2008. There is no monetary benefit for Class Members. Instead, L’Oréal has agreed to remove from the labeling of these hair products the following “claims”:

  • “for sale only in professional beauty salons”;
  • “exclusive salon distribution”;
  • “exclusive to Kérastase consultant salons”;
  • “only professional”;
  • “only in salon”;
  • “sold exclusively in salons”;
  • “available only at fine salons and spas”;
  • “available only at fine salons”; and
  • similar claims in English or other languages which may be read as suggesting availability for purchase exclusively in professional salons.

Since there is no monetary benefit for Class Members, there is no claim filing deadline. If you wish to object to the L’Oréal product class action settlement, you must do so by September 11, 2013.

Will the industry inform you about this?

NO THEY WONT, MY FRIENDS.

THEY WILL NOT!

Because the industry is L’oreal, And they do not want you to know any wrong about these companies. God Forbid they would reach out to you and explain the particulars of this lawsuit and tell you how to apply for claims.

Review of ‘The Real Hair Truth’

~ Joseph Kellner

The Real Hair Truth

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 Motokoff, an accomplished hair dresser, educator, and colorist, “it is a profession of art, science, psychology, creativity, fashion, beauty, trend, media and wellbeing.” 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 hairdresser, how to look for the right salon to start in, the necessity of apprenticeship, the importance of continuing education, booth renting versus commission based salon programs and salaries, hair shows, manufacturer 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!)

Suave Keratin Infusion Class Action lawsuit Survives Dismissal!

~ Joseph Kellner

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As I reported in the prior entry of my blog. According to the suit, Unilever also tried to get women who had reported side effects from the product to them to sign a release preventing them from suing the company, in exchange “for as little as $50.00 for a haircut.” Here is the Real Story provided by Top Class Actions.com who I feel is a reliable source for beauty/cosmetic legal news.

A Kentucky federal judge has rejected Unilever U.S. Inc.’s motion to dismiss a class action lawsuit accusing the company of falsely advertising that its Suave Professionals Keratin Infusion 30 Day Smoothing Kit products are safe, even though they allegedly caused hair to fall out.

Due to a lack of explicitly relevant Kentucky state case law, Judge Joseph H. McKinley relied heavily on a similar decision in district court in Illinois, especially regarding the women’s claims that the company breached express warranties. The women both alleged that they chose the product because it would only last 30 days and would result in smoother hair. Instead one woman suffered breakage and the other reportedly developed scalp burns after using the product.
Plaintiffs Terri Naiser and Jonnie Phillips allege in the Suave Keratin class action lawsuit, filed last year, that they purchased the kit because it was advertised as a keratin-based smoothing treatment instead of a chemical relaxer and its effects were supposed to last up to 30 days. The plaintiffs also claim they purchased the product because the label said that it did not contain formaldehyde and that the treatment was safe. Naiser and Phillips allege that all of these claims are untrue, and that the product contains an ingredient or combination of ingredients that cause hair to fall out.

While Unilever recalled the Suave Keratin Smoothing Kit in May 2012, the company allegedly failed to warn consumers about the side effects associated with it. In their class action lawsuit, the plaintiffs argued that Unilever breached express and implied warranties and violated consumer protection laws by issuing a late and incomplete recall of the hazardous product.

Unilever sought to dismiss the Suave Professional Keratin class action lawsuit in its entirety, arguing that the plaintiffs failed to identify an “affirmation of fact or promise” by the company that was untrue. Unilever also claimed that the plaintiffs did not adequately argue that they relied on the advertisements when making the choice to purchase the product. Further, the company argued, there was no privity of contract under Kentucky law because the plaintiffs purchased the products from a retailer and not directly from the company itself. For these reasons, Unilever argued, the plaintiffs did not have standing to file the class action lawsuit.

U.S. District Judge Joseph H. McKinley Jr. rejected Unilever’s motion to dismiss the class action lawsuit, finding that the plaintiffs adequately pled their case. He found that the plaintiffs sufficiently argued that the Suave Keratin Smoothing Kit was advertised as a “smoothing” product and not a “chemical relaxer,” a representation that could be considered an “affirmation of fact or promise” that could survive a motion to dismiss. He rejected Unilever’s argument that the representation was “mere puffery,” finding instead that it could be interpreted as a factual statement by a reasonable consumer.

Judge McKinley also found that the plaintiffs sufficiently argued that they relied on Unilever’s representation, believing they were purchasing a short-term hair smoothing product instead of a harsh chemical relaxer when they chose to buy the Suave Keratin Smoothing Kit. He also found that the class action lawsuit could proceed under the Kentucky Consumer Protection Act because the plaintiffs adequately argued that Unilever engaged in false, misleading or deceptive practices.

The plaintiffs are represented by Richard A. Getty and Danielle Brown of the Getty Law Group PLLC; Peter Safirstein, Elizabeth S. Metcalf and Christopher S. Polaszek of Morgan & Morgan PC; and Jana Eisinger of Law Office of Jana Eisinger PLLC.

The Suave Professionals Keratin Infusion 30 Day Smoothing Kit Class Action Lawsuit is Terri Naiser, et al. v. Unilever United States Inc., et al., Case No. 3:13-cv-00395, in the U.S. District Court for the Western District of Kentucky.

This article was provided from the website Top Class Actions!

Editing can make you a major buyer of Bayer Aspirin!

~ Joseph Kellner

Editing can make you a major buyer of Bayer Aspirin!

Editing and Editing can make you a major buyer of Bayer Aspirin! I would not wish this task on anyone. Luckily this is my second feature film so I knew what to expect, so this is a more creative experience THIS TIME. But all in all Post Production can Kill you!!! I would only wish this on the Government and President and the Devil. Also a note to some in the film. We had a few interviews we filmed a few years ago of professionals in our industry. And we had to let them go in the film due to there, I guess you could say “Lack of sticking to their Goals”or “Giving Up”. Whatever it is, It is, What it is. Some of these people are not even in the industry anymore. And we also found out that some of these filmed professionals (Interviews) were not what they said they were. Basically just talking SH.. to get some free advertising.I went through that with my first film, “The Real Hair Truth. We had a bunch of Phonies who just wanted “Face-Time” To speak their BULL…. Not again. You know what is the funny thing about people we filmed in the first film and also this one. The lack of promotion of the films and the lack of networking with others in the films. So sad! We interviewed people in our first film and when the film came to the “Diversion” Part the individuals filmed were “Buddies” with JP Mitchell. They would say off camera that “Diversion” Was bad. But when they came on camera they sounded like they played both sides of the fence. Sad when a bunch of so-called ” Phoney Ass Icons” could not band together to make an influence on the film or the industry. Basically they were still looking for a job with a manufacturer or sell there “Shi.” on the internet, ‘Loreal, Pm, etc”. No skin off my back I still sold over 10.000 Units. Thats all good time goes by and we all change. So sorry to have to edit some of these people out of the film. But I don’t need any “Mud” in my face after the fact. I have tons of footage to work with. And you want to make sure that your Editors have more than enough to work with!

Real Hair Truth – Michael Gordon Playing it Cool.

~ Joseph Kellner

The Beautiful Lies

Up until the 2006 sale of the B&B brand (the salons, the products, et al) to Estee Lauder (most people don’t realize that it also owns Clinique, MAC, Bobbi Brown, La Mer, Origins, Jo Malone, Smashbox, Aveda, and Darphin), from time to time you could catch a site of Mr. Gordon on the premises.  His mannerism always struck me as a peculiar combination of a relaxed composure (grapevine has it that he is into Buddhist spirituality) and a blatant assholiness toward some employees.

But, as I always say, you don’t get to be a successful entrepreneur by being warm and fuzzy.  To survive in business you need to be tough.  Some of us can be tough and decent at the same time.  Unfortunately, that’s very rare.  Well, since I didn’t need to deal with him personally, I was able to abstract  into what he was as a small-business owner: someone, who started from nothing and grew his brand to international recognition.  I admired him for his courage, drive, and strategic savvy.

Also, one cannot dismiss the fact that for Mr. Gordon it wasn’t just about branding, growth, and money.  He was truly a hair-man, devoted to the idea of creating high-quality products that satisfied a wide spectrum of needs.  Unlike the vast majority of other famous salon owners (Sally Hershberger is one example), who are engaged in “private label” merchandising (i.e. buying generic, mass-produced,  “juice” and pouring it into containers with their names), Michael Gordon actually developed unique mixtures, which are used to great effects in many salons and homes.

It was his quality standards and unrelenting drive to succeed that fascinated me.  Imagine my surprise, when I read in New York Times that this remarkable and shrewd businessman was arrested for tax evasion.  And it wasn’t even for something cleverly devised (not that I would approve that) – no, it was plainly stupid: he didn’t declare on his tax return the $30 million capital gain generated by that famous sale of B&B.

The charges (both criminal and that of stupidity) against him are mounting: when he was questioned by IRS about this omission, he claimed ignorance of the fact.   And that’s lying to a federal agent, because apparently there is evidence of his active attempts to hide this money.

What is the point of lying like that anyway?  Didn’t he sign his tax return back in 2007?  He never heard of capital gains? Weren’t there a horde of lawyers and accountants involved in the closing the deal?  Nobody mentioned the tax liability?  Hard to believe.

NYT didn’t make it a secret that IRS has acted on a tip received from a “confidential informer.”  Of course, they did.  Truth be told, IRS doesn’t have sufficient resources to look for specific violations of the tax code.  The best they can do is to react to the red flags selected by their algorithms.  Your employer reported your earnings, but you didn’t include them on your tax return – an inquiry will commence.  Itemized deductions  exceed certain levels, even if by $100 – the flag will be raised.  Meanwhile, corporate executives receive multi-million dollar perks and call them “business expenses”; private shareholders transfer stocks and property between related parties and don’t recognize capital gains; owners make equity withdrawals and show them as loans – and none of it ever get noticed.

However, the situation changes if someone makes a call, sends a letter, or an electronic message to IRS, detailing a case of the tax evasion.  If this someone provides sufficient information and the violation is big enough to prick up agents’ ears, they will be on the case right away.  Especially if it involves a notable figure that can get media interest (hey, you cannot blame IRS agents for wanting some attention).

Even though IRS has, what they call, a whistleblower reward program, it’s not easy to get paid for reporting tax violations.  Obviously, in most cases, the informants are not motivated by money.  Typically, they have some sort of a relationship with the evader and it resulted in two outcomes: an incredible animosity that goes way beyond a simple grudge and the knowledge that the government is being shortchanged.  The IRS becomes a mere weapon of revenge.

This is why Leona Helmsley went to jail in 1992.  The Queen of Mean dragged behind herself a trail of disgruntled contractors, corporate employees, and household help, who really hated her.  Some of them possessed hard evidence proving that millions of dollars spent on personal properties were billed to Helmsley’s real estate business.

And that’s why Michael Gordon got arrested.  In his brazen manner, he must’ve rubbed the wrong way someone with the first-hand knowledge of the $30 million unreported gain.  That hurt someone dropped a note to IRS.

Do I have to state the obvious?  Don’t steal big bucks from government – it’s dangerous.  But if you make a conscious decision to dodge some taxes, make sure that no one knows about it but you.  And I mean NO ONE.  If that’s impossible, make sure that you are super nice to those who are onto you – they have your freedom in their hands.