California Licensed Estheticians & Consumers OPPOSE SB 296
We, your California Licensed Estheticians, Cosmetologists and California consumers, collectively OPPOSE SB 296, allowing nail techs to perform waxing services on their clients. We do not oppose pursuing Continuing Education and we welcome anyone to join us by obtaining their license as an esthetician. We hold great concern for California consumers, our clients, and risks to public health that the passing of SB 296 will exacerbate. The temptation of a quickie brow or other waxing service at the nail shop has caused traumatic injury to the consumers of California way too often. Consumers do not know that it is currently illegal for their nail tech to provide these services.
With the passing of this bill 130,000 licensed nail techs and those licensed while the bill is enacted and put into effect, potentially will be allowed to provide these services legally; without proper training and specific understanding of “how skin works”.In your Strategic Plan, you state that the “DCA protects and serves consumers in many ways, including…. Supporting and advocating for consumer interests BEFORE lawmakers. DCA staff review and analyze proposed legislation and regulations to ensure that consumers are protected.”
The passing of this bill will only serve to VALIDATE THE ILLEGAL ACTIVITY and injury caused to consumers that 21 overwhelmed BBC inspectors have failed to “catch in the act” thus far. With respect and as your stakeholders AND consumers, we ask that you OPPOSE SB 296 for the greater good of California consumers and California licensees that work diligently to protect them.
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.
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.comsite. 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.comsite 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
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.
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!
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.