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!
Tag: vidal sassoon
“The Beautiful Lies” short trailer for the film
In August of this year 2013 the editing for the next film from the Real Hair Truth Series will begin. The title of the next film will be “The Beautiful Lies”. The film will encompass Entrepreneurs, Manufacturer Deception, Marketing, Ingredients, Product Labeling, Deceptive Labeling, Formulating your own Brand, Health and Welfare, Do You Know What You Are Using In The Salon?, And what’s in your Salon Products?. This so far has been a 4 year endeavor or filming, interviewing, traveling to create this film. I will have some very interesting interviews from OSHA, FDA for the topics of Health and Welfare. Being an entrepreneur is not an easy task and you will see a lot of interviews in the film regarding to entrepreneurship. The Up’s and Down’s of starting your own business from scratch, product lines, books, videos etc. Motivation, Perseverance, Ambition the film “The Beautiful Lies” covers it all. The film will be completed by December 2013. This film was solely funded by Jotovi Designs Inc., and is not seeking any form of Sponsorship. And as of February 11, 2011 “The Beautiful Lies” is copyright on this website including, without limitation, text, Images, software, logos, icons, and sounds recordings. Films and html code is owned or licensed by Jotovi Designs Inc. All editorials, interviews, graphics on this site are protected by U.S. copyright and International Law. And is solely the full property of Jotovi Designs Inc. Jotovi Designs Inc. is a registered trademark with the U.S. Library of Congress. All rights are reserved. Any destruction, copying, sales, advertising, of this film by any party, and without the prior consent of Jotovi Designs Inc. will be prosecuted to the fullest extent of the U.S Copyright and Trademark Law in the United States. Jotovi Designs Inc. does not endorse or conduct business with any or all the party’s interviewed in this film. This film was financed by Jotovi Designs Inc. and by no other parties. All party’s involved in this (Featured film) including, Editors, Sound Technicians, Paid Interviewed Personnel, Illustrators, Manufacturers, Videographers, Producers have been paid fully by Jotovi Designs Inc. and have no future claims or holdings to this (featured film) The Beautiful Lies.
Whats the big deal everyone?
Everyone is in a fluster about many states in the U.S. looking over the option of deregulation of the cosmetology license. How many times have we heard this, and how many times have we gained no interest within the profession. Interest is being gained by the PBA (Professional Bullshit Organization) and also from beauty school mills within the beauty industry.
Why? It’s all about money, money, money. Not a standard of professionalism. Here is the criteria of a hairdresser in europe. And this criteria of a european hairdresser has been this way for many , many years.
Europe has some of the best cosmetology schools in the world. Hairdressers are at the top of the scale!
A minimum of 4 years of education only focused on hair and coloring! That includes that you also becomes a color specialist. Compared to so-called beauty schools in th U.S. a 7 month course that qualifies you as a hairdresser after a 1,000-hour program which have you out and working in the field in as little as 7 ½ months. With no focus on only hair. But a slice into different fields as shown!
Haircutting and styling, Hair coloring and lightning, nail care, skin care, hair and scalp disorders, chemistry as applied to cosmetology, anatomy and physiology, health and safety?, professional requirements, makeup. With all of this education are you really a hairdresser, haircolorist, makeup artist, facialist, nail tech? No you are not. It takes time to learn all of these trades. But in America if you have a license you are titled as such. A hairdresser in europe who has 5 years of education and time in service in their field can run rings around an America hairdresser.
But they don’t need a license. They don’t need some one coming in there salon inspecting, they are grown ups, they can do it on their own. But like in any other profession you have the good and the bad. Getting rid of a cosmetology license will only make the cream of the crop rise even further, and will also make beauty schools more accountable for their teaching. If you want to make a good living and have no conscious of how you treat people open up a beauty school. And do the work of the Devil. Our industry has been plagued by beauty schools, organizations, and pulpit teaching preachers about how bad the new cosmetology student is. All they want is want and want, the industry proclaims! Well read some emails I have received about how human beings are treated in the beginning phases of my profession.
WHAT DOES A BEAUTY LICENSE PROVIDE?
” I just recently dropped out of the Colorado Springs Paul Mitchell School because they honestly don’t know what they’re doing. The learning leaders pick favorites and treat everybody like dirt. They gossip about students and other staff members. They don’t teach us anything once we leave core.
Financial aid is a big joke!! They steal your money. Why is it that when money is dispersed to a student, that money goes into the financial aid leader’s personal bank account and then she cuts you a check, if you’re lucky, from there? I have so much missing money, its ridiculous.. I have about $800 in my account right now that’s mine, but they wont give it to me|. There’s always a different excuse as to why I can’t have it.
I could go on and on but there’s too much;. The school is dirty and unsanitary. No one cleans after themselves and the learning leaders constantly leave food lying around. This school is a huge joke and I can’t wait until it is investigated and shut down. What a wonderful industry you have”.
My advice to you is, “when it’s a consistent practice among multiple schools under the same organization at different locations it’s become a problem, their problems are just a tip of the iceberg of the endless list of atrocities”.
” I enrolled my daughter to this school thinking it would be professional and would treat my daughter with respect and kindness.Instead she earned 1100 hours at the school and was bit by a brown recluse spider and got a staph infection. They would not take a leave of absence or medically withdraw her from the program and instead withdrew her and said she owed them 11,000. Why do you think I sent her to school but to earn a career! Instead they are ripping us off and any other college would appeal the financial aid with draw medically and financial aid would take this”. Paul Mitchell School – The CAO Institute/Paul Mitchell partner/Alhambra, Ca
“I went to Paul Mitchell Chicago, for approximately 6 months.I had to take some time off for personal reasons and took a leave for about a month and also had missed a few days here and there. That being said, when I decided to quit the school for many reasons. I was told that I must pay the full $20,000 since my ‘scheduled’ hours exceeded 75% of completion. However, my loans went in increments of $5,000 every 25% of completion; leaving me with $5,000 to pay out-of-pocket. I attended this school back in September 2009 and when I left the school in April 2010 I received one letter from the school stating I owed them $5,118.50 on 11/1/2010. I have received another letter from their lawyer stating I am now sent to a creditor threatening to ruin my credit and I owe them $5,513.14. How they got this number I have no idea since they didn’t explain the totals. I am writing all this information because I cannot believe how a business could come after a young adult for more money when I’m already paying back my student loans of $15,000 for absolutely NOTHING. This was a horrible institute, horrible ‘teaching’ staff and horrible experience all together”. It is my biggest regret in life and now these greedy people are going to ruin the rest of my life because they want more money from me that I do not have”.
Has anybody been in this situation? It’s such a wonderful industry!!!!!!!
Love You All
Joseph Kellner
Real Hair Truth Michael Gordon busted after IRS says he hid $29.6 Million!
The IRS doesn’t take haircuts as payment.
LOLOLOLOLOLOLOLOL
The founder of Manhattan’s famed Bumble and bumble hair salons and product line has been busted for allegedly lying to tax investigators about $29.6 million he received after selling his stake in 2006, The Real Hair Truth has learned.
Michael Gordon, 61, of Manhattan, remains behind bars after allegedly telling an IRS investigator during a meeting last month that he didn’t know the income had to be reported on his 1040 tax return form. A federal warrant was issued and he was arrested and arraigned last Friday. The British native — who most recently produced a documentary on his late pal Vidal Sassoon that premiered last year at the Tribeca Film Festival and later partnered with fellow hair-salon owner Rodney Cutler of Cutler Salons — was deemed a flight risk by federal Judge Gary Brown and jailed. He sold his stake in Bumble and bumble to Estée Lauder in 2006 to pursue other interests and purchased homes in the Hamptons and Manhattan. But that financial jackpot has come back to haunt him six years later. The IRS has been conducting an investigation into his returns, and even used a confidential informant to build its case against him before last week’s arrest, according to court papers.
The canary — a friend of Gordon’s for roughly seven years — said Gordon openly discussed hiding the money from the taxman after securing the lucrative deal in 2006. The informant “told me that after the defendant received the income from the sale of Bumble and bumble, he was actively seeking ways to hide the money from the IRS, including sending money overseas, so that he would not have to pay taxes on that income,” a federal agent says in a criminal complaint. Instead of reporting the earnings, Gordon allegedly presented a gross income of $1,350,883 that year and a taxable income of $1,124,844. Instead of forking over hefty income tax on the $29.6 million, Gordon actually scored a refund of $39,298 in 2006, according to the complaint. Gordon submitted papers at his arraignment stating that he lived in a $16 million Manhattan apartment with a $3 million mortgage. Officially retired from wielding scissors, he listed his employer as his own company called, “If You Knew”, a hairstyling consulting firm made up of Bumble and Bumble alums. Cutler, who first worked at a Manhattan Bumble location and has called it the most influential salon in America, declined to comment. So sad for this Brit! BOO-HOO
Do you have a endless dream that just sits there?
There are dreamers and there are achievers.The difference between the two is this!
Action without it a dream isn’t a dream anymore, it is rather termed a fantasy. A dreamer could be a mere wish but an achiever is the one that righteously gives there all. The difference is those who wake up and make their dreams reality. Will Power is needed. Not afraid of failing. Doing what they enjoy. Having Perception, Integrity, Honesty. You attain goals instead of talking about it. Entrepreneurs are People who are unafraid to take calculated risk, a dreamer is the first step of achievers. Dream it, Do it =Achievers – Risk takers.
Actions…Risks…Will….Leap of Faith.
One sleeps, the other one doesn’t. Mindset, Effort, Implementation, Results, execution!
You don’t need a Beauty Industry, Organization, Magazine, Website or a Major Manufacturer to be an Entrepreneur in the Beauty Industry. You don’t need to follow, or ask for a “Pat on the Head”. Give yourself a “Pat on the back and kick in the ass and go for it”. If you have a dream of your own Book, or Educational video, Hair-Care line, Makeup products etc. Go for it. Surround yourself with like-minded professionals who do it on their own. It’s easy to be negative and scared of the unknown that is a human quality. Men where not afraid to create the rocket ship, time and time they would try to get the rocket to take off. There dream was to go to the moon. Little by little they started to see their short-comings and their achievements. And they persisted and as time went by “Glory B”, they did it. It cost them major amounts of time, money, and a good attitude, and they were not afraid to fail. That is the big clue for everyone reading this post DONT BE AFRAID TO FAIL, embrace your mistakes. There will be a lot of individuals that will tell you, You cannot do it, There’s no need for it, Your wasting your time, Nobody is gonna buy your idea. Those are what I call fatalists, THEY SEE THE PROBLEMS BEFORE THEY START AND CREATE THERE OWN BRICK WALLS, THEY FAIL BEFORE THEY EVEN START. It is easy for them to berate you and offer negative advice, they will drive you down to make you start thinking like them. Which for some people if you do not believe in your idea it will affect you greatly. Be around other Entrepreneurs learn from them. An Entrepreneur will gladly help you and offer his or her assistance. Because they see and feel the same about your ideas as they once did. They know the passion of the idea. They will gladly help you! But when you decide to follow out your plan, you will walk a lonely road. You will have to have the courage to face what will come to you. And you will have to deal with emotions that will rear their heads up and discourage you, depress you, take motivation away from you, and taking you to the point of giving up. You must walk that road, there is no way around this step, because it is your idea, or ideas, your beliefs that you gave birth too.
The Real Hair Truth 
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