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HAIR CARE COMPANY SETTLES D.A. COMPLAINT FOR MISLEADING PACKAGING

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For release on January 1, 2014
 
 
 
CONTACT: 
Francisca B. Allen 
Deputy District Attorney 
Consumer Protection Unit 
(408) 792-2480
 
Martha J. Donohoe 
Deputy District Attorney 
Consumer Protection Unit 
(408) 792-2571
 
 
 
HAIR CARE COMPANY SETTLES D.A. COMPLAINT
FOR MISLEADING PACKAGING
 
 
 
A maker of popular hair care products will pay a $75,000 penalty to settle a Santa Clara County District Attorney’s Office complaint of using packaging that could have misled consumers.
 
The “Slack Fill’ complaint against Todd Christopher International - doing business as Vogue International in Florida - centered around a number of Organix hair care products that were packaged in boxes with false internal tops. Such packaging could mislead customers into thinking they are purchasing a larger quantity. The company corrected the packaging during the eight-month investigation, which settled this week.
 
“Slack fill” is the difference between the actual capacity of a container and the volume of the product contained inside. State law prohibits a container or package from having false bottoms, false sidewalls, a false lid or covering which could mislead consumers. A container that does not allow a consumer to fully view its contents violates the law if the container or package contains unused, non-functional space.
 
The complaint was settled when Vogue International agreed to pay the costs of the investigation, $75,000 in penalties, and to be enjoined from packaging or distributing for sale to California consumers any cosmetic product in a container in violation of the California Fair Packaging and Labeling Act.
 
Vogue International was cooperative and resolved this matter quickly to conform to California law.
 
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