New Life Systems threatens legal action Minnesota-based New Life Systems
is a sales site that distributes beauty, spa, and chiropractic
equipment. They also have been listed by the manufacturer as distributors
for a "transcutaneous electrolysis" system called Super
Phaser Gold.
New Life Systems should be avoided
due to their involvement in distrbution of the Super Phaser
Gold.
This device's manufacturer Rejuvenu has made claims
of painless and permanent hair removal which are in violation of federal
law.
On 8 June 2001, I received a letter from Sholly
Blustin, a lawyer for New Life Systems (see scan below). In it,
Sholly claims that my site contains "unverified editorial
content" and is involved in "defamation" that violates
Sholly's client's rights.
I explained that all my data was factual and asked
for any corrections. I also sent a list of questions regarding
the business practices of New Life Systems:
June 12, 2001
VIA CERTIFIED MAIL
Ms. Sholly A. Blustin
Morrison, Fenske, Sund, Seligman & Blustin
5125 County Road 101
Suite 102
Minnetonka, MN 55345
Dear Ms. Blustin
I am in receipt of your letter dated June 8, 2001 regarding
your client American Supply Company (hereafter ASC).
ASC is listed as a distributor of the SuperPhaser Gold by its
manufacturer, International Hair Removal Systems (hereafter
IHRS). The IHRS device is a transcutaneous patch hair removal
device, which has made illegal claims that it can cause permanent
hair removal. Reputable companies are usually not associated
with these products.
My site presents facts as well as my opinion based on those
facts.
You characterize the facts on my site as "unverified editorial
content." Please list all instances of this "unverified
editorial content," followed by the verified facts for
each instance you list.
1. In order to further verify the facts on my site, I am requesting
that you also state for the record:
a. The nature of the business relationship between ASC and
New Life Systems.
b. The nature of the business relationship between ASC and
IHRS.
c. The nature of the business relationship between New Life
Systems and IHRS.
d. The start date and (if applicable) the cessation date of
the relationship between ASC and IHRS.
e. The start date and (if applicable) the cessation date of
the relationship between New Life Systems and IHRS.
f. Why an ASC photo of the owners was labeled "adam_traci.jpg"
although their names are listed as "Allan and Kathy Share."
g. Why the same photo has now been changed to the name "1.jpg"
h. The full legal name(s) and position(s) in the company of
anyone involved in ASC with the first name Adam.
i. The full legal name(s) and position(s) in the company of
anyone involved in ASC with the first name Traci.
j. The full legal name(s) and position(s) in the company of
anyone involved in ASC with the first name Allan.
k. The full legal name(s) and position(s) in the company of
anyone involved in ASC with the first name Allen.
l. The full legal name(s) and position(s) in the company of
anyone involved in ASC with the first name Kathy.
2. A list of all statements you characterize as "blatantly
false," followed by the verified facts for each statement
you list.
3. A list of all statements you characterize as "misleading
to consumers," followed by the verified facts for each
statement you list.
If I do not receive a written response to each of the items
above within 15 days of receipt of this letter, I will assume
this matter has been resolved and that your claims of "unverified
editorial content" that is "blatantly false"
and "misleading to consumers" were unsubstantiated.
I never received a reply from Sholly or Sholly's
clients, so I assumed their accusations were unfounded.
On 8 January 2002, "Allan Share" of New
Life Systems sent me the following email (presented verbatim):
it's allan here at the company with all "the incorrect"info
on your web site. it's amazing to me that you preach garbage
for gospel, but that aside you are completely out of touch with
the modern catalog business. if you looked at our web site or
at our current catalogs you wouldn't even see hair removal systems
in either place. sorry that the electrolysis business thinks
so little that they are willing to sell themselves into the
gutter on the internet. it's obvious that companies and people
like you force the gov't to create more regulation. allan
Actually, the people who force the government to create more
regulation are those who sell products without proof of their
claims. That's one reason the FDA had to be created in the first
place. Companies like New Life Systems don't bother to learn if
the products are violating federal regulations before they start
offering them to unsuspecting consumers. Unfortunately, people
like those running New Life Systems don't understand that selling
products that are in violation of federal regulations is wrong.
The people at New Life Systems seem to have misplaced anger.
Their reputation has been damaged by two mistakes they made themselves:
1. Not checking if the products they sell are violating federal
regulations.
2. Trusting Rejuvenu, who misled them into putting their company's
reputation on the line.
I'm just reporting the facts. Rather than being unhappy with
me for documenting that they were listed as Super Phaser Gold
distributors, they should be going after the real culprit: International Hair Removal
Systems (now doing business as Rejuvenu International
Limited).
On 10 January 2002, "Allan Share" sent me the following
email:
Andrea, that you even have a site listing me with wrong information
shows your lack of credibility from the get-go. You never tried
to reach me and ask me about our site, Int'l Hair and my relationship
with them or anything, you just went ahead with your own agenda
and slandered me, my staff (some you have listed haven't worked
here in years) and my family. No research on your part shows
your true intentions...you're not interested in helping any
one. Your note about caring for consumers rings false based
on your inability to even try and gather facts. Interesting
that the name of your company is HAIRFACTS...no truth there!
Lowering yourself to name calling my friend also shows your
inability to have climbed above the 4th grade. I pray daily
that some people in the world do not have the ability to procreate
and bring more of themselves on to this beautiful Earth! Allan
As I told New Life Systems' lawyer, I am willing to make any
corrections necessary when presented with the facts. Therefore,
I have now noted that New Life Systems claims they are no longer
featuring hair removal systems in their catalogs or online promotional
materials. Since they have not suggested any other corrections,
I'll assume everything on hairfacts is accurate.
On 10 January 2002, I replied in part:
Slander is a very serious accusation which I do not take lightly.
If you feel I have "wrong information," I welcome
you to send the facts to me. I am still awaiting your response
to my questions from June 12, 2001... If you feel I have slandered
you, I am willing to take the matter up in court. I can assure
you with 100% certainty that I will win my countersuit if you
bring a court case... If you refuse to answer the questions
below or bring a court case, I'll assume everything I have said
about you is true, and that your threats are unfounded.
Following several more complaints that my information is inaccurate
but no offers of corrections, I sent the following to Mr. Share:
If you no longer promote, sell or lease transdermal or transcutaneous
hair removal devices or treatments with them, send me a statement
to that effect. I'll add that, too, but the page stays up in
case your customers who have purchased devices from you or had
treatments with devices sold by you are searching the web for
information about legal recourse against you or the manufacturer.
As I've said before, Rejuvenu has violated federal regulations.
If you feel you were misled by Mr. Cole, I'm sure you have an
excellent case against his company.
I will add any additional information if it becomes available.
Below: a letter from Sholly Blustin.


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