Tag: the real hair truth

OGX Hair Product Bottles Are Nearly Half Empty!

~ Joseph Kellner

A class action lawsuit claims OGX products are sold in opaque containers that do not reasonably inform consumers of the actual amount of product inside. OGX sells a variety of hair and body care products, including shampoos, conditioners, treatments, and styling products. Plaintiff Silvia Garcia filed the OGX class action lawsuit on Aug. 3 in California federal court, alleging violations of state and federal consumer laws. According to Garcia, OGX hair products are sold in containers that are up to half empty, deceiving consumers into paying for empty space. The class action lawsuit argues that the company’s packaging is systematically misleading, representing the product as adequately filled when it contains an unlawful amount of empty space, also known as “slack-fill.”

The front of the Product’s packaging does not include any information that would reasonably apprise Plaintiff of the quantity of product relative to the size of the container, such as a fill line. Garcia argues Vogue International under-fills its OGX products to save money and deceive consumers into purchasing them over competitors’ products. The class action lawsuit claims that Vogue International’s slack-fill scheme harms consumers and competitors who have implemented labeling changes to alert consumers to the true amount of product in each container. The plaintiff is suing for violations of California’s consumer protection laws and seeks certification of the class action, as well as damages, restitution, disgorgement, fees, costs, and a jury trial. The lawsuit is Garcia v. Vogue International LLC, Case No. 3:25-cv-01987, in the U.S. District Court for the Southern District of California. More to come!

If You Don’t Get Paid. Why Stay?

~ Joseph Kellner

I’m sure this post is going to cause a war between salon owners and salon employees, but these things need to be said. These are my opinions and I’m sure a lot of people (mostly salon owners) will disagree with me, but the way this industry is run is a complete joke. Currently, the “standard” compensation method in many salons is “commission-only.” Some weeks, your paycheck (when averaged against the hours you’ve worked) may end up far less than minimum wage and some weeks you’ll make considerably more than minimum wage

. In either case, in most salons, you’re expected to sit around in empty salons, do laundry, clean floors, answer phones, and perform a whole litany of other menial tasks that fall far outside your job description as a nail technician or hair stylist–tasks you may not be getting compensated to do. Most American workers are covered by the FLSA (the Fair Labor Standards Act), which is enforced by the Wage and Hour Division of the U.S. Department of Labor. The FLSA dictates that if you are a commission-only employee, your paycheck (when averaged into hourly pay for a two week pay period) must equal or exceed the prevailing minimum wage. If it doesn’t, the employer must make up the difference.

The FLSA doesn’t care what you’re doing at work. If you’re there at the request of your boss, you need to be getting compensated. If your employer requires you to sit in the salon and wait for business, they should be paying you.Whether you’re folding towels, sweeping the floors, answering the phones etc. Too many of you are being treated as servants. You’re told that you have to “pitch in” and “do your share” and “be part of the team.” It is one thing to clean up after yourself and help out your coworkers, it is an entirely different thing to work for free.

It costs an owner nothing to fill a salon with bodies and tell them to “sit and wait.” I know of salon owners who have never paid for reception services or cleaning services. Why would they when they can order their stylists do it for free? Some salon owners have even gone so far as to intentionally sabotage an employee’s books so they’ll be available to run the front desk, assist, or clean. These owners will keep their salons full of employees because they aren’t paying anyone hourly. It doesn’t matter to them that each of their workers is barely making enough money to pay their mortgages because the owners are simply collecting income from them. There’s no risk of loss involved, so they hire indiscriminately.

Salon are normally full of employees who spend every day sitting around, waiting to build their book–yet, the owner still hires until all the empty stations are full. Everyone in the salon is unhappy. The senior stylists and techs are frustrated because they haven’t built yet and are having to share the limited walk-in business with several new people. Every commission-based employee knows that a new stylist often means a pay cut for everyone in the salon.

You cannot point the finger at your team and blame them for their lack of income. You are the captain of the ship. Your leadership determines whether or not the salon succeeds. Every salon has an employee or two who consistently under-performs due to their own inabilities, but if every single one of your team members are floundering, the problem is with you; not them. You are failing them as a leader and you’re failing your business.

MORE TO COME

The Campaign for Safe Cosmetics

~ Joseph Kellner

We at The Real Hair Truth were more than happy to endorse the Campaign for Safe Cosmetics on there recent cosmetics safety discussion draft bill. They had 120 organizations endorse the letter. Including The Real Hair Truth and Bravo to them for the well done job they constantly do for the consumers of this country!

Since 2004, the Campaign for Safe Cosmetics has used smarts and sass to pressure the cosmetics industry to make safer products.

The Campaign for Safe Cosmetics coalition, a project of Breast Cancer Prevention Partners (formerly the Breast Cancer Fund), works to protect the health of consumers, workers and the environment through public education and engagement, corporate accountability and sustainability campaigns and legislative advocacy designed to eliminate dangerous chemicals linked to adverse health impacts from cosmetics and personal care products.

The Campaign has educated millions of people about the problem of toxic chemicals in cosmetics, which has led to an increased demand for safer products in the marketplace. Now hundreds of cosmetic companies fully disclose ingredients and avoid the use of cancer-causing chemicals, reproductive toxicants and other unsafe chemicals, demonstrating these practices are not only possible, but profitable. Retailers, too, are becoming part of the solution by requiring the national brands they sell to eliminate chemicals of concern and practice a higher level of ingredient transparency.

There is no doubt that the multi-billion dollar cosmetics industry is safer now than before the Campaign was launched. But there’s still more work to do to get toxic chemicals out of the cosmetics we use each day. Bravo!!!!

Read More about there Bill!

15 March 2018 Campaign for Safe Cosmetics Public Comment on HELP Cmte Cos Safety Discussion Draft(1)

Terms You Should Know In The Beauty Industry.

~ Joseph Kellner

 

  • Free From~ This statement has become the mantra for large commercial brands, with the smaller brands following suit as a way to convey that their product is somehow safer than their competitors.
    • Danger of Claim: It can reinforce the idea that if something is “free from” a certain ingredient, that the missing ingredient is somehow “dangerous.”  And what was once part of the formula has since been removed, when it may have never been in the product in the first place.  This is marketing to the consumer that has been led to believe natural is better and everything else will kill them. Example: Parabens, sulfates, etc. get a bad rap, when there is actually scientific data that shows these are perfectly safe for personal care use in the recommended dosages within the cosmetic formula.  Or if it is a leave on or rinse off product will also determine ratios.  Any chemical in its full strength has the potential for causing harm, yet these are not offered to the end user, ever.
  • Chemical Free~ Another claim that bears no reality in truth or common sense.  Nothing formulated can be without chemicals as all things are chemical…natural or synthetic, makes no difference, it is just the manner in which they are derived or created.  Again, shamelessly used for SCARE tactic marketing.
    • Danger of Claim: This connotes the idea, all things chemical are hazardous to our health…..think of water, essential oils, olive oil, etc…..these appear to be benign now don’t they? However, from the point of view of the overstated 60% absorption claim, these are all potential penetration enhancers.  This claim also overlooks the fact of what the product is packaged in.  There is no getting around the chemical processes that goes into creating the packaging, such as a jar or tube, technically.
  • Hypoallergenic or Noncomedogenic~ These terms are not even recognized by the FDA and there actually isn’t any proven data in clinical trials, and has yet to be tested by the US Food and Drug Administration as to the validity of such terms.
    • Danger of Claim: Any ingredient could cause a problem for any individual and this connotes that it won’t cause a problem….sorry, but trial and error only, unfortunately.  Up to 10% of the population can and will have a reaction to something the majority of the population won’t have.  This includes a developed allergy after using an ingredient for years.  Our bodies are ever changing.  Those with acne may have a similar reaction. What won’t cause acne on one individual may be horribly occlusive to another.
  • Dermatologist / Clinically Tested~ This is a claim that can be made based on a single doctor trying it out on themselves or a patient.  Based on this perception it is theorized by the end user, it must be a proven product. A clinical study performed by the manufacturer on a small number of people will not constitute nationally, what can occur if millions use the product.
    • Danger of Claim: Gives the perception that it must be safe and work because a doctor or a clinical study said so, but is not necessarily the reality. Safety and efficacy data will change as high volume of users join the pool, and this is PURE marketing! 
  • Anti-aging Formula~ This ties into penetration enhancers being utilized within a skin cream and are designed to assist beneficial ingredients in penetrating into the otherwise impermeable surface layers of the skin to restore soft, supple skin with more elasticity.
    • Danger of Claim: EWG and Campaign for Safe Cosmetics have underscored this message as a penetration enhancer being the carrier of chemicals to the blood stream.  When in reality, penetration enhancers for the purpose of cosmetics are only skin deep and are not geared toward penetration through the dermis layer into the blood brain barrier as would be the desired effect with a topical drug.  Permanent change does not occur with any cosmetic, and only maintains the skin as long as the product is being used.
  • Non Toxic / Harmful Chemicals~ What does this even mean?  Who and what entity is deciding what is toxic or not?  This is yet to be determined and will continue to be debatable since EWG and CFSC think anything, other than naturally derived, is toxic to our bodies.  The majority of scientific research does not support the validity of this marketing claim.  Plus, too much of anything natural or synthetic can cause issues for some.
    • Danger of Claim: This statement plays into the fears of the consumer and reinforces the CFSC’s campaign rhetoric against beauty industry leaders and their products.  Such as lead being added to lipstick which is categorically FALSE and is considered a contaminant, which is found also in drinking water and the foods we eat that are grown in the ground.
  • 100% Pure / Natural / Organic~ This connotes that only natural chemicals are safe for the body and that synthetic chemicals are the bane of our existence and will give us cancer or worse. There is no human scientific data to support this claim.  And animal studies do not extrapolate to humans despite how hard watchdog groups try to convince us.
    • Danger of Claim: Beauty products labeled as natural are less tested and scrutinized than are synthetic products and pharmaceuticals. In fact, most compounds as they exist in their natural state cannot be formulated into skin care products. They first must be chemically altered before they can be incorporated into cosmetics, thereby negating the claim of being pure and natural.
  • FDA Approved ~ This marketing claim gives the unwitting consumer the idea the product is endorsed by the FDA, and the product must have been tested by the FDA to show proof of the companies claim of safety and / or efficacy.
    • Danger of Claim: This is outright FALSE and is actually in violation of FDA regulation.  FDA does not approve any finished product for the end user in the cosmetic and beauty industry.  Only prescription and OTC drugs and medical devices are FDA approved for their intended purpose.
  • Does Not Contain Fillers~ This marketing claim is designed to intimate that their product is formulated with nothing but pure and essential ingredients only, and that no fillers are used to create a less than desirable product, supposedly.
    • Danger of Claim: This insinuates that somehow a filler ingredient is cheap and makes another product substandard.  Unfortunately, this bears no weight in actual truth.  Those that claim their ingredients are the ultimate and then claim fillers as bad, are also ingredients that are used as filler.  Mica for instance is not only an essential ingredient to the formulation of the majority of mineral makeup, but it is also a FILLER ingredient.  By definition a filler ingredient is used for finish of product, bulking agent, or any ingredient utilized for the desired effect for smooth application.  There is no actual separation of the two.  Water can be considered a filler ingredient, since it is not typically essential but makes up the bulk of many skin care products.
  • Non Irritating~ This gives the end user of a product the assurance that their otherwise sensitive skin, will not have any problem with the product.  This expands on item 3.
    • Danger of Claim: The problem with this claim is everyone’s skin is different.  There are ingredients that have a long standing history of safety and efficacy, yet there will be the small percentile that will have irritation when using it.  Mineral makeup for instance works well for the majority of women, Bismuth Oxychloride excluded, but for a small number, no matter how much they hope, they will always have an irritant reaction and can never wear minerals, no matter its’ popularity.  We disclose this fact, by using only ingredients with known lower irritant risk factors, but still, only the end user will determine what is right for their skin or how they’ll react through testing it on themselves. It may not be a single ingredient, but when used in combination with another or its presumed ratio, is where the problem lies.  So by not purchasing something because one may see a certain ingredient of concern, they may be missing out on what otherwise could be fantastic for their skin.   Always TEST…TEST…TEST the product for absolute certainty.

 

 

 

NYX IS IN WALGREENS NOW!

~ Joseph Kellner ~ Leave a comment

In my makeup kits I have quite a few NYX tools to work with.  But now I will be able to find it in Target for purchasing.  NYX Cosmetics is one drugstore makeup brand that’s been a staple for anyone obsessed with beauty—and on a budget—for years. Both beauty bloggers and professional makeup artists rave about the brand’s innovative products and love that the company has kept its prices low, even as its range has expanded. But even if you’re the first to snatch up every NYX product the second it launches, how well do you really know the brand?  That was old news for a few years back but now Walgreens is offering NYX at there stores now!

NYX Cosmetics is one drugstore makeup brand that’s been a staple for anyone obsessed with beauty—and on a budget—for years. Both beauty bloggers and professional makeup artists rave about the brand’s innovative products and love that the company has kept its prices low, even as its range has expanded. But even if you’re the first to snatch up every NYX product the second it launches, how well do you really know the brand?

“We are pleased to offer NYX Professional Makeup products to our beauty customers as we continue our journey to become America’s most loved beauty destination,” stated Lauren Brindley, group VP and general merchandise manager, Walgreens. “NYX Professional Makeup products are known for exceptional quality at affordable prices, and new products and experiences are key to our ongoing transformation in this area.”

In addition to carrying a selection of NYX Professional Makeup products, select Walgreens stores will also offer testers for NYX Professional Makeup, L’Oreal and Maybelline branded products by the end of the year.

And thats The Real Hair Truth my friends!  Love this makeup line. It works very well for all photo-shoot climates and filming.

Joseph Kellner