Tag: retail

False “salon-only” advertising!

~ Joseph Kellner

ARE YOU STILL USING THERE SHIT!!!!!!

Sales of hair care products represent an important revenue source for salons; indeed, the profit margin on these products is generally higher than the margin for the hair care services provided in the salons. Manufacturers have false advertising and unfair competition under the Lanham Act, and injunctive relief. Manufacturers state that the their product labels, on company websites, and in print advertisements, that their hair care products are available for purchase exclusively through salons and not through mass-market retailers such as CVS and Walgreens. Although the manufacturers maintain that they offer their products exclusively through salons, since at least 2004 the manufacturers have engaged in widespread diversion of their products to mass retailers. “Diversion” here is defined as the sale of products marketed as salon-only through stores that do not have salons on the premises. Diversion now accounts for “more than $1 billion of the beauty industry’s $5 billion in annual sales of salon-only products.” Plaintiffs contend that the defendants’ false “salon-only” advertising damages their reputation with consumers who purchase products at their salons, only to discover that the products are also available at mass retailers.

L’Oreal USA, Inc. (“L’Oreal”) manufactures and sells several lines of hair and skin care products, including the Matrix, Kerastase, Redken, and Pureology lines of products. Prior to 2011, Matrix products were labeled “For sale only in professional beauty salons.” Kerastase products are labeled “For professional use only”; Pureology products advise that they are “Available Only at Fine Salons and Spas.” A sample distribution contract between L’Oreal’s distributor and a salon notes that diversion damages L’Oreal’s goodwill with consumers. The contract provides for liquidated damages in the amount of $100 per unit of L’Oreal product diverted by the salon.

TIGI Linea, LP (“TIGI”) manufactures and sells the Bed Head line of hair products. Bed Head products are labeled as “Sold Only in Professional Salons.”

Conair Corporation (“Conair”) manufactures and sells the Rusk premium line of hair care products. Rusk products contain the label “Sold exclusively in professional salons.” Rusk products can be purchased online.

John Paul Mitchell Systems (“Paul Mitchell”) manufactures and sells the Paul Mitchell line of hair care products. The packaging of these products contains the following warning: “Guaranteed only when sold by a professional hairdresser, otherwise it may be counterfeit, black market, and or tampered with.” Paul Mitchell advertisements in magazines advise readers that products are available “Only in salons and Paul Mitchell schools.” A sample contract between a Paul Mitchell distributor and a salon states that diversion “seriously damages the reputation and good will established by [Paul Mitchell] and the Distributor and interferes with their business relationship with other SALON customers as well as the consumer.” The contract provides that the distributor or Paul Mitchell shall be entitled to at least $25,000 in liquidated damages for any diverted products.

The Wella Corporation (“Wella”) manufactures the Sebastian line of products, which are labeled “Guaranteed only when sold by an authorized salon.” A sample contract between Wella and a salon for the distribution of Wella hair care products provides that diversion “damages Wella’s brands, trademarks, and goodwill and damages its contractual relations with its distributors and other salon customers.” Wella’s contract also provides for liquidated damages in the event that the salon is found to be diverting Wella products.

Why Dont you support a Entrepreneur!!!

From the producers of the “Real Hair Truth,” comes the next film in
the RHT series, “Beautiful Lies.”

“Beautiful Lies” produced by Jotivi Designs, Inc, will be released in  December 2012.

“Beautiful Lies” will encompass entrepreneurs, manufacture deception,
marketing, ingredients, product labeling, deceptive labeling,
formulating your own brand, health and welfare, as well as uncovering
what professionals are using in the salon and what is in salon
products.

There are many new members in this film and also a few will return
from the first film “The Real Hair Truth.”

In “Beautiful Lies,” we will hear from OSHA and FDA on the topics of
health and welfare. We will be closely informing the viewer of what
they are using in the salon and whether it fits the standards and
regulations that OSHA and the FDA have recently passed pertaining to
Keratin Treatments.

Being an entrepreneur is not an easy task and “Beautiful Lies” will
discuss all of the topics regarding entrepreneurship: the highs and
lows of starting your own business from scratch, product lines, books,
videos etc. The viewer will learn the “hows” and “what nots” in this
segment of the film. Motivation, Perseverance, Ambition; the film
“Beautiful Lies” covers it all.

“Beautiful Lies” will be completed by December 2012 and will be
available for Digital Download as well as DVD purchase. In this film
we do not advertise major manufacturers only the real beauty industry.
This film was solely funded by Jotovi Designs Inc, and is not seeking
any form of sponsorship. And as of February 11, 2012 “Beautiful Lies”
is Copyright in this Website (including, without limitation, Text,
Images, Software, Logos, Icons, Sounds Recordings. Films and HTML
code) is owned or licensed by Jotovi Designs Inc. All editorial
content and graphics on this site are protected by U.S. copyright.

Beautiful Lies!

~ Joseph Kellner

 

Did you know that statistically, if a client buys hair care in your salon!

Two retail products you have a 60% chance they will come back.

One retail product you have a 30% chance they will come back.

No retail products you only have a 10% chance they will come back

I  agree on the idea that the so-called manufacturers will sell a box color on the commercial section of the beauty industry, and make a hair color line for the professional industry. Loreal is the biggest culprit of this double-bladed sword. Professionals will buy their industry line of hair color, sell their retail line, knowing up front that they sell to the commercial sector a box hair color and also hair care products. Does this make sense, Now I know I might be a slight bit touched in the head, but this is common sense everyone. And the sad thing about this statement that I write. The professional beauty industry has no clue, on how to change this. Quite easy find a company you feel you can have a relationship with. Not being just a number who buys from a distributorship will not cut it anymore in this industry. Help and support the ENTREPRENEUR IN OUR INDUSTRY.

An entrepreneur will put out to the industry a very good product. The costs are high but you will know what you are getting. And performance is the key, how many so-called professional lines do not do what they use to do. The manufacturer will purchase the hair care line, then find a way to make the product cheaper. In the long run the product is not the same. Beware when a product line has new packaging this means the line, “Is not selling well”. Buying into the age ol practice of “We are here for You”, is long gone my industry. I was looking at bottles of “Professional Hair Care in Publix Grocery Stores” the other day. And most of the lines there, Paul Mitchell, Crew, Sexy Hair no longer have warnings about “bootlegged, tampered, or counterfeit” on the packaging any more.  This is not diversion or manufacturer diversion, but Capitalism. A manufacturer and an entrepreneur have the right to do and sell wherever they please. And in this industry selling a new product line is very hard. Especially for the entrepreneur, your costs are high and having an advertising budget is necessary. Let alone having the money for formulation and packaging there is not much left for the entrepreneur to work with.

An entrepreneur will try to have their product introduced in an industry magazine or website and not think about the other venues available to them. THE COMMERCIAL SECTOR! I am not saying sell to the commercial sector on websites or commercial stores but using the magazines and write articles for magazines to get the consumer to come into the salons to buy their product. To many in this industry are looking for the “Pat on the Head”, from beauty industry magazines, hair shows etc. For their product lines, when time can be given to their local commercial periodicals for their marketing. Beauty industry magazines and hair shows have booth, classroom, classifieds and advertisements structured for the Industry MANUFACTURER! Prices for advertising and booth rentals at the hair shows are priced for the manufacturer dollar. Where does the entrepreneur fall into, most of the time they will sell their product to the commercial sector, and then the loyalty is gone. In this industry it is easier for a salon owner and stylist to go to Salon Centrix to pick up what they need. WHY? Convience! Thats is what it is all about, and the manufacturer can dilute the formula of a product to almost cost them penny’s. Selling a product for as little as $7.00 now is abundant in our industry. But for an entrepreneur cost are high for formulations of hair care lines. Support your Entrepreneur!!!!

As hair stylists, we sell our skills and knowledge everyday to our clients. Clients trust us because they know that we know what we are doing. You and I, are the trained professionals. We should know what our clients should be using on their hair (or skin) and why. Selling retail products should come as naturally as selling your client what style, color or cut they should have. Talk to them. If you have a client that has a long narrow face, and they come to you, it’s your job as a professional to explain! And to make money, isn’t financial success what it’s all about, isn’t it what we all want? Selling a manufacturers product that is available to the public at stores and online is not EXCLUSIVE!

Choosing a product to use and sell in your salon is very important. You must choose a product and company that you believe in. This is becoming more and more difficult for many stylists. Believing in the big corporate company brands that sell box color just about anywhere, not to mention their so-called “professional” products, is becoming extremely difficult. I guess it all comes down to common sense everybody, that is something my industry LACKS! And it is ABUNDANT in MY INDUSTRY!

Isnt your work and brand exclusive?

Then why would you taint your brand with a sell out? From a company that is not devoted to your financial success???

Press release for The Real Hair Truth Documentary

~ Joseph Kellner

“THE REAL HAIR TRUTH” EXPOSES THE BEAUTY INDUSTRY

Hairdresser/make-up artist Joseph Kellner uses documentary to disclose hard truths of the beauty industry!

 

ORLANDO – December 20, 2009

Produced and narrated by accomplished hairdresser and makeup artist Joseph Kellner, the informative and entertaining documentary unravels and demystifies the processes involved in achieving success in the beauty industry. Using interviews with top beauticians in the industry, Kellner provides his expert analysis while extracting insider secrets through leading cosmetology professionals Phil Stone, Jesse Briggs, Mags Kavanuagh, Rocco DiBernardo Karla Mathey, Scott Bentley and Bennet Parke, Claudia Diesti, Joseph Kellner, Albie Mulcahy.

The Real Hair Truth is a must-see for students, professionals, salon owners or any person considering a career in the industry. The documentary explores the mindset, the passion, the plans and the hard work necessary to become the best in the business, in the most candid way. From the proper education to landing the right job and to the importance of continuing education to understanding various business models, retail sales and interpersonal communication, the film leaves no stone unturned – all while getting very real with the viewer.

The Real Hair Truth exposes various vagaries of the industry where dishonest practices are surprisingly prevalent. From misleading marketing to false promises, Kellner probes thru the superficial to the unattractive side, pointing out warning signs and other pitfalls along the way. Kellner strongly believes that in order for the industry to progress, it is imperative for new standard to be set – and met.

The Real Hair Truth is more than just a movie about the industry, however. It is part of a man’s vision to advance the industry to which he has dedicated his career. Because Kellner seeks to set a new standard of excellence in the industry while also helping people advance in it, The site offers a variety of educational scholarships and marketing opportunities to assist focused individuals in getting needed career education. The Web site also provides information and advice from seasoned professionals for all facets of the business. If anyone desires to get an edge on true success in the beauty industry as well as contribute to the advancement of it, it is paramount that they watch “The Real Hair Truth”

For more information or to schedule an interview with Joseph Kellner, call: 407-421-5857

– The Real Hair Truth, a unique documentary-style expose revealing the business side of the beauty industry, announces its official release date of April 1, 2010. The groundbreaking film will then be available for purchase on  REAL HAIR TRUTH