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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