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
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.