Busted we win! Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices pays up!

19 Feb 201422 Feb 2014 ~ Joseph Kellner

I love it, I love it. Busted for whatever the lawyers could get, they got in full from Unilever!. According to documents filed Friday in Illinois federal court, Unilever United States Inc. has agreed to pay $10.2 million to settle a class action lawsuit accusing it of marketing and selling a Suave-brand hair treatment that causes significant hair loss. The Suave Keratin class action lawsuit was initially filed in August 2012 on behalf of a class of consumers who purchased or used Suave Professionals Keratin Infusion 30-Day Smoothing Kit, a product that was recalled in May 2012. The plaintiffs alleged that the product included dangerous ingredients that caused injuries, and that Unilever failed to properly inform consumers about the proper way to use the product to avoid injury. During this time frame we at the “Real Hair Truth/Jotovi Designs Inc.” watched closely all the litigations that went forward with this class action lawsuit. And passed along any and all emails we received from consumers to the appropriate law firms representing the clients involved. Jotovi Designs Inc. was also used as a avenue for any and all complaints within the professional beauty industry, working hand in hand with consumers and professionals directing them to the proper law firms involved with the plaintiffs. Now trust me my friends that is just penny’s to them not even nickels or dimes at all. They are a large corporation will it hurt them, “NO” not at all. These large manufacturers are always in court. Look at L’Oreal, the mother of all lawsuits does it hurt them “No”. They always find a way to push the envelope, this is just a part of there corporate lives. No biggy to them. The consumer and professional are the ones who get hurt. And trust me the so-called professional beauty industry does not care to inform there industry of these deviate practices. They will actually support these company’s. Basically because they need there money to survive. They cannot do it on there own.

On the Unilever website the company claims that. “Our brands play a major part in helping us achieve our sustainable living aims of helping more than a billion people improve their health and well-being; halving the environmental footprint of our products and sourcing 100% of our agricultural raw materials sustainably”. Really?

Unilever is a major force in the beauty/cosmetics industry with household names as, Dove, Axe, Lux, Pond’s, Sunsilk, Tresemme, and who could also forget the beauty industry TONI&GUY that you can buy anywhere and beauty professionals will hail the product. Knowing full well they have no exclusive of the product what so ever. But they will sell it in there salons. And buy there tickets to there hair shows supporting TONI&GUY. But that’s another story in itself. The Suave Keratin class action lawsuit asserted claims against Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices statutes and unjust enrichment arising from the manufacture, advertising and sale of the Suave Keratin Infusion smoothing kit. According to the plaintiffs’ motion supporting preliminary approval of the class action settlement, between 225,000 and 260,000 smoothing kits were sold.

Under the terms of the proposed Suave Keratin class action settlement, Unilever will pay $10 million to establish two settlement funds: a reimbursement fund and a personal injury fund. The $250,000 reimbursement fund will be available to Class Members who purchased a Suave Professionals Keratin Infusion 30-Day Smoothing Kit, providing a $10 refund for the past purchase of the product.

The class action settlement injury fund will provide relief to Class Members who suffered bodily injuries to their hair or scalp as a result of using the Suave keratin treatment. Class Members who incurred expenses for hair treatment but who no longer have receipts for their expenditures will be eligible to receive up to $40 per claimant. Class Members who have receipts from their treatments will be eligible to receive up to $800 per claimant for their expenses. Class Members who suffered significant bodily injury to their hair or scalp will be eligible to receive up to $25,000 per claim.

During the filming of my next documentary “The Beautiful Lies”, I received numerous emails for consumers who used this product. Writing to me the causes, and health hazards they experienced with this product.

” Dear Mr. Kellner, I too used this product and fried my hair…4 haircuts later still having issues with dry hair and itchy scalp. Any ideas on what I need to do to promote good hair health?”

” Dear Joseph Kellner,I found this email when reading about the horrible suave keratin product. I haven’t developed any health issues that I know of but my hair continues to fall out. I have had at least 10-12 inches cut off in the last 5-6 months and my hair used to be thick and is now just so thin and horrible feeling. Anything that can be done?”

“I bought the treatment on 3/23/12 from Wal-Mart and I used it a week later. I have previously used Sally’s brand about 8 months prior so I knew what I was doing and I read the directions correctly. Not even a week after I used the Suave brand, my hair got considerably lighter, which has never happened and my hair started to fall out. Even now, every time I was my hair, more of it breaks and I am losing it by the handfuls. I only use the treatments because after I had my daughter, my hair got wavy and thicker only in the back and I wanted an easier way to maintain my hair. The treatment I used before worked wonders and seeing as Sauvé’s was a whole lot cheaper, I took a chance. I know it is not supposed to make it straight, but it is supposed to make it easier to straighten, and this did not do as it was supposed to. I saw the recall at my local CVS and wanted to know what I am supposed to do from here? Thanks for your time.”

“I used this kit twice the first time my tightly curled hair was soft shiny the second time at first I didn’t see any change in my then a couple of weeks after my hair started coming out by the handfuls it took me three years to get the growth I had now all Ivan do is cut it all off and do intensive conditioning treatments .something should be done to suave for the damage it has done to my hair.”

“I to had a bad experience with this product. My hairdresser called their 1800 # to let them know the damage that their product had done to my hair. It’s taken 6 months to get it back to almost normal. This has cost me a lot of money. Another dissatisfied customer”.

“I just used this product a few days ago and my hair is also fried. And when I went to the store to try to find a deep renewing conditioner the product was still on the shelf! I don’t know what to do with my hair at this point. I’ve been trying to nurse it back to life with coconut oil and mayonnaise but it still isn’t enough. Help?!”

“Help it has been 4 months for my hair and it continues to break off and is fried. It seems like it is getting worse not better. I have spent over $2000 and yet I am still struggling. No one is responding to my letters Unilever, Suave or Kroger. I tried to join a class action lawsuit with Wasserman, Comden, Casselman& Esensten but they have not contacted me back yet either. The $12 is not sufficient and my current professional stylist believes it will be at least another year before my hair is back to normal if ever. I can not afford this!! Is there any hope we will get some resolve from the company. Please someone help!! This is truly a nightmare and not only has it ruined my hair but my personal life, my professional life and my personal well-being have all been severely compromised. Any information that you might have regarding where I might go next would be greatly appreciated.”

The Suave Keratin settlement will also resolve several similar class action lawsuits that were filed in Kentucky and California.

The Suave Keratin class action settlement agreement was reached after nearly 18 months of litigation and lengthy mediation sessions with former U.S. District Judge Wayne Andersen. According to the court documents, the plaintiffs believe that the settlement agreement is “fair, reasonable, adequate and in the best interests of the Named Plaintiffs and the putative Settlement Class. Unilever, denying wrongdoing of any nature and without admitting liability, has agreed to the settlement terms in order to address claims brought by consumers of Unilever products, and in order to avoid the burdens of continuing discovery expenses and litigation.”

The plaintiffs are represented by Marvin A. Miller, Lori A. Fanning and Andrew Szot of Miller Law LLC; Peter Safirstein, Christopher S. Polaszek and Elizabeth S. Metcalf of Morgan & Morgan PC; and Jana Eisinger of Law Office of Jana Eisinger PLLC.

The Suave Keratin Infusion Class Action Lawsuit is Sidney Reid, et al. v. Unilever United States Inc., et al., Case No. 1:12-cv-06058, in the U.S. District Court for the Northern District of Illinois.

Suave Keratin Infusion Class Action lawsuit Survives Dismissal!

12 Nov 2013 ~ Joseph Kellner

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!

Modern Salon and Alison Shipley Bias reporting of the Beauty Industry!

6 Nov 20137 Nov 2013 ~ Joseph Kellner

Modern Salon will promote old news before it tells the true tales of its industry!

In an industry of False reporting, Deceptive labeling, and lack of representation of the Beauty Professionals in my industry. Reporting comes from individual’s who have less than 5 years experience as a hairdresser and writer makes me want to puke. Especially when they report on issues that are over two years old and they are very partisan in their reporting.

In a recent article from the comic book magazine Modern Salon edited and published by Vance publishing. There was an article written from a novice editor ALISON SHIPLEY, EDITOR OF FIRST CHAIR & MODERN SALON’S EXECUTIVE EDITOR OF SOCIAL MEDIA/VIDEO.(Can they give these kids a big enough title to stimulated there ego)? She reported that the Suave Keratin Treatment is as follows. Consumers are saying the product (Suave Keratin Treatment) caused them (The Consumer in the retail sector severe hair loss and other damages). It is also reported in MS. Shipley’s article, “hundreds of women nationwide are suing the manufacturer and designer of Suave Professionals Keratin Infusion 30-Day Smoothing Kit, a hair treatment product designed to smooth frizzed hair”. This is a story that I personally sent to Vance Publishing on 3/13/12 to take notice and let the industry know, but being a truth seeker they thought my reporting was to “Blunt”.. The company that produces the product is Unilever, who also produces the following product.

TIGI (hair care) You know the shit you buy for your salon and that is located in a grocery store.

But they mention no reference to Unilever. Why? Because they need their advertising dollar, their article is very basic and no links provided to the reader. Given that the poor kid probably thinks she is doing the industry a service. This was not reported by CNN, and this was a big enough story to tell the industry but as usual it got placed in the heap of (Don’t tell we need the advertising dollars from Unilever for our monthly comic book). And it also shows to the “Blinded Beauty Industry Sheep”, that your devoted manufacturer will sell you out to the commercial sector. This is a service that is done in my industry, they normally call the Keratin Treatments. These types of “Kits” for the consumer to do at home should only be done in the salon. I said that about hair color at home before but that fell on deaf ears to the sheep of the industry.

In my blog on July 9th 2012 I stated that, “Unilever may not be able to substantiate its claims. In addition, Unilever may have failed to inform consumers that the Product contains a chemical known as “Tetrasodium EDTA,” which is mainly synthesized from formaldehyde. Unilever also may have failed to inform consumers that the Product contains a chemical preservative known as “DMDM Hydantoin,” which is an antimicrobial formaldehyde releaser with the trade name Glydant. Formaldehyde has been classified as a known human carcinogen (cancer-causing substance) by the International Agency for Research on Cancer and as a probable human carcinogen by the U.S. Environmental Protection Agency. An investigation is underway regarding Unilever’s marketing and advertising practices under the Suave brand name. Unilever states on their website that 160 million times a day, someone somewhere chooses a Unilever product. From feeding your family to keeping your home clean and fresh, our brands are part of everyday life”.

On Jezebel.com it is a reliable news website I highly regard for investigative reporting than the comic book Modern Salon., it is reported that in their article written on 10/15/2013 that.

Last year, a group of women filed a class action lawsuit against Unilever, the manufacturer of Suave Professionals Keratin Infusion 30-Day Smoothing Kit, alleging that though the product was marketed at a Keratin smoother, it actually contains a formula to chemically relax the hair. According to the women, this caused everything from melted hair to scalp burns to increased and permanent hair loss and resulted in an aesthetic that would certainly not prompt anyone to GET THIS LOOK! And last week, a judge rejected Unilever’s request to dismiss the lawsuit, which means it will be going to trial.

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.”

Why don’t you report that Ms. Shipley? But I bet that Ms. Shipley was told not to go to far in this subject. Why? Because Unilever advertises in the comic book. “God forbid , lets just write about the situation and scratch the surface of the problem.” The sheep will not even notice it. Keep them young and dumb. But lets not say UNILEVER!

Try to do the right thing in life Shipley, I guarantee you will not go far. But you will sleep at night!

God forbid you lose your advertising dollars also!

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