Beauty

[gertrudecloset]

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@cjm61 wrote:

@gertrudecloset Maybe I am misunderstanding. Isn't there more than one claimant? If so a class action lawsuit is defined as  "a procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group, or "class"."

In addition, having attorneys in the family, there are definitely attorneys out there who would take this case for the amount you state. 

In additon, I did not say this was one and done. Not sure where you got that from in my post. I am very leary of these types of lawsuits as I have been on both ends.

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@cjm61  Attorneys in your family, nothwithstanding, this is not a Class Action Law Suit.  The 30 plantiffs are seeking compensatory damages of only $75,000 as a total sum.  Would the lawyers in your family take on such a case?  Besides the judge decides whether the cases can be bound.  Not the lawyer.  Here, there is more than one plaintiff of course, but that doesn't automatically mean "Class Action.".  The cases have not been joined together to become a class action.  Only a Judge can decide if that makes sense.  In this instance, since so few people have come forward (less than 100) this is not likely going to turn out to be a class action law suit.  Each lawsuit was brought separately by each individual plaintiff.

[cjm61]

@gertrudecloset From the news:

The Olaplex Class Action Lawsuit

A class-action lawsuit was filed against Olaplex and its parent company, Beauty Industry Group, on behalf of consumers who purchased Olaplex products and suffered from hair loss or scalp irritation.

The class action lawsuit alleges that Olaplex falsely advertised its products as safe and effective, concealed known risks and side effects, and failed to provide adequate warnings or instructions.

The plaintiffs claim that Olaplex’s products contain harsh and harmful chemicals, including bis-aminopropyl diglycol dimaleate, which is not approved by the FDA for use in hair care products and can cause allergic reactions, hair damage and scalp burns.

The class action also claims that Olaplex engaged in deceptive and unfair business practices by charging exorbitant prices for its products, creating a false impression of exclusivity and luxury, and failing to disclose the risks and limitations of its products.

The class action plaintiffs seek damages for economic losses, emotional distress, medical expenses, and injunctive relief to stop Olaplex from making deceptive claims.

[Icegoddess]

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@cjm61 wrote:

@gertrudecloset From the news:

The Olaplex Class Action Lawsuit

A class-action lawsuit was filed against Olaplex and its parent company, Beauty Industry Group, on behalf of consumers who purchased Olaplex products and suffered from hair loss or scalp irritation.

The class action lawsuit alleges that Olaplex falsely advertised its products as safe and effective, concealed known risks and side effects, and failed to provide adequate warnings or instructions.

The plaintiffs claim that Olaplex’s products contain harsh and harmful chemicals, including bis-aminopropyl diglycol dimaleate, which is not approved by the FDA for use in hair care products and can cause allergic reactions, hair damage and scalp burns.

The class action also claims that Olaplex engaged in deceptive and unfair business practices by charging exorbitant prices for its products, creating a false impression of exclusivity and luxury, and failing to disclose the risks and limitations of its products.

The class action plaintiffs seek damages for economic losses, emotional distress, medical expenses, and injunctive relief to stop Olaplex from making deceptive claims.

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The FDA is not in the business of approving ingredients for use in cosmetics which hair care is considered, and I would just as soon we not encourage them to get involved any more than they already are.  The FDA only gets involved if a claim is made that would make it considered a drug or if an ingredient or drug that the FDA already controls is found to be in what is supposed to be a cosmetic product.  This ingredient received a patent for use in hair products for bond building by the inventors and their Asignee Olaplex.

https://patents.google.com/patent/US20150034117A1/en

[santorini]

I had a horrible reaction to their products.  I don't want any part of any lawsuit but I will never use their products again.

[haddon9]

I have the shampoo & conditioner and use it just a few times a month.  I feel like the shampoo does a really good job of cleansing. I mostly use either Kerastase or Tweak'ed by Nature right now.

[Icegoddess]

I used 0 & 3 this morning.  I don't use their shampoo and conditioner.  

[gertrudecloset]

@cjm61

The ONE AND ONLY Class Action lawsuit that is against Olaplex happened FIRST.  It has NOTHING to do with the women who claim they had hair issues after using their products.  That is a separate court issue they are dealing with.  The First one had to do with shareholders and shady money dealings. 

This Lawsuit with the women is because of what the products did to their hair allegedly.  Both events happening at different times, and they are different areas of the "law."  The trials will not be held in the same courts.

You did NOT provide a source that says the lawsuit the women are doing is a CLASS ACTION.  You lumped it together with the well known existing class Action suit against them and they are not the same case.

If you can show me a source (reliable) that what the women are doing is demeed class action, I'll believe you.  Until then, I don't. 

I have read NO ARTICLE about the case with the women being CLASS ACTION.  They want to be recompensed for loss of hair.  No attorney would take a case as a CLASS ACTION for a collective $75,000.  That's not enough to get a law firm to do a brief.  Law Firms do billable hours.  By the time the Class Action Suit is settled and by the time the lawyers get their share, what will be left for the 30 or so women?  THIS COULD LIKELY BE A CASE THAT WILL BE DEALT WITH SEPARATELY based on the FACTS for EACH woman in a SMALL CLAIMS COURT.  The TOTAL amount they are suing for is less than a $100,000.  That is the total amount they want Olaplex to pay for the damages to their hair.

Each woman will likely get 2,500 dollars + court costs for their trouble IF THEY win.  $75,000 divided by 30 is $2500.  No law firm or lawyer would take this case.  They are likely representing themselves pro se in small claims.

THIS IS NOT A MILLION DOLLAR LAWSUIT.   $2500 iS MORE THAN THEY WOULD GET IF IT EVER BECAME A CLASS ACTION LAWSUIT.  IT TAKES LONGER and the dole out is less because it has to cover so many people.

ALL OF THE ABOVE IS THE COMMON SENSE PART OF IT TO ME, AND YOU WHY FIND IT ON THE INTERNET.

Class Action Definition, Lawsuits, Types, Benefits, Example

By

Adam Hayes

Updated July 21, 2022

Reviewed by

JeFreda R. Brown

Fact checked by

Pete Rathburn

What Is a Class Action?

A class action is a legal proceeding in which one or more plaintiffs bring a lawsuit on behalf of a larger group, known as the class. Any proceeds from a class-action suit after legal fees, whether through a judgment or a settlement, are shared among all members of the class.

Key Takeaways

• A class action refers to a legal course where the plaintiff brings forward a lawsuit for the benefit of a larger group of affected people.
• This group, or class, must attest that they were affected by the defendant's actions, but only the lead plaintiff will try the case in court.
• Class actions are often the only way for individuals to pursue their claims as it lowers the cost of the legal pursuit.
• If the plaintiff wins, awards are paid out among members of the class, though not necessarily in equal amounts.
• In finance, class-action lawsuits are often brought against companies where the class is the company's shareholders.

Source: Investopedia

Not every proposed class action will become a class action officially, and it may surprise you to learn that there’s a fairly high bar to meet before a case can be certified as a class action—a critical step in the process between a lawsuit’s filing and its potential resolution. In general, failing to meet the certification hurdle can doom a proposed class action for good, but if certification is granted, the plaintiffs’ lawyers are that much closer to a favorable outcome.  

So, what’s the recipe for a successful class action lawsuit? Well, it’s all laid out in what’s known as Rule 23 of the Federal Rules of Civil Procedure. Below, we’ll break down the Rule 23 requirements that every class action must meet in order to pass that formidable certification stage.

But, before we go on, it’s important to note that if you’re considering filing a class action, it’s a good idea to seek the advice of an attorney first. Though we’ll do our best to outline what’s required, an attorney would be better equipped to help explain your legal rights and options and determine whether a class action would be appropriate for your situation.

That being said, let’s get into it.

Rule 23 requires that in order for a lawsuit to be certified as a class action, the class must be “so numerous that joinder of all members is impracticable.”

In other words, the proposed class must include enough people that it would, in practice, be difficult or impossible for each of them to represent themselves in a lawsuit together. In situations like this, it is more appropriate for one or a few people to represent the entire group—which is the whole purpose of a class action lawsuit in the first place.

Some courts have considered the class to be “numerous enough” when it contains at least 40 people, but others have held that factors such as where class members are located, how easily they can be identified, and the size and nature of their claims must also be considered.

Classaction.org

I have no lawyers in my family, but I know what a Class Action Lawsuit is and what it is not. 

[gertrudecloset]

@cjm61 

Example 1:  From the news with the source provided:

Fifteen women are suing an Omaha, Nebraska-based doctor for allegedly botching their cosmetic and plastic surgery procedure, leaving them with excessive scarring, lumps, and pain. (2017)

Since late July, malpractice lawsuits against Gerard Stanley, Jr. — who is only board-certified in family medicine, not plastic surgery — have piled up. The 15 women currently suing say they went to Stanley's practice for a variety of procedures, including liposuction, butt lifts, and breast augmentation, only to come away with unsightly and painful damage.

"I mean they're constantly burning, I have permanent nerve damage in both my arms," one woman told local station KETV 7, "and he just kept telling me it was going to get better, it was going to get better." Other women allege that their bellybuttons and nipples are misaligned and that they have lumps and scarring. 

Attorney James Martin Davis, who is representing 14 of the 15 women, told KMTV 3 that his clients have required additional surgeries to correct the damage done. “We’ve sent them to other doctors and some doctors with respect to one of the ladies says it’s going to cost $20,000 to repair the damage done by the first physician,” Davis said. “They say, 'Well, in this case, we can help this lady and it’s going to cost 'X' number of dollars, but in these two cases we can’t help them at all. It’s beyond remedy. It’s beyond any corrective procedures.'"

The website for Stanley's cosmetic surgery center Sculpt says that Stanley has received multiple awards for his work. While it's not illegal to perform plastic surgery with only a certification in family medicine, Davis says Stanley misled his patients about his expertise and experience. "They all assumed based on his training, education, and experience that he was qualified to perform these invasive surgical procedures, and obviously he wasn't because he is only a family practice doctor," attorney James Martin Davis told KMTV 3. "He has no training, education, or experience in general surgery."

Stanley didn't personally comment on the situation, but his legal team expressed confidence the lawsuits will be dismissed. "We feel the District Court is the proper forum to adjudicate these matters, and these meritless claims will be totally rejected, and Dr. Stanley will be totally vindicated," the team said in a general statement to the press.

2017 Allure Magazine,

By Lily Herman

October 4, 2017

In the example above fifteen women are suing this doctor, but it is NOT a class action lawsuit.  Just because more than one person sues for the same reason does NOT deem it Class Action.  There are other factors to consider if a judge will "join" the cases on behalf of others who "might" suffer the same damages.

Question:

All those women who sued Bill Cosby:  Was it a Class Action Lawsuit because more than one woman was harmed by him in the same way?  That's a question, I'd like an answer to.  Class Action can be brought against a person or a company.  If harm was done.  They did sue him in civil court.

[skyblue]

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@elated wrote:

I use the shampoo and conditioner. I have had no problems with my hair. It always looks nice. I wonder what could cause such results. My hair is color treated. Very interesting.

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I've also used Olaplex shampoo and conditioner for years and my hair looks great! 

The product that damaged my hair was WEN! My hairdresser told me to quit using it. Olaplex turned it around!💇🏼‍♀️

[sunshine45]

Olaplex Lawsuit: Another 70 Customers Join the Hair-Loss Complaint (businessinsider.com)

More than 100 customers are now part of an ongoing injury lawsuit against the hair care brand Olaplex, which rose to prominence as TikTok influencers and celebrities embraced it. 

Dozens of customers have joined an amended complaint filed Thursday night in California federal court, adding to a rising volume of allegations that Olaplex products can cause hair loss and scalp problems.