The Name Game

Article Published in Stylist Magazine, March 2013

“If names be not correct, language is not in accordance with the truth of things.” - Confucius

It’s not uncommon for beauty writers to use social media to request information for their upcoming articles. Writers, particularly those without their own experience as beauty professionals, rely on the knowledge of others, and those that contribute gain exposure from being quoted. I’m not able to respond to every request I receive (my expertise has its limits), but am more likely when I feel strongly about the topic. Assuming that the topic is relevant, the information valid, the article well-written and the quotes accurate, everyone can benefit, most important the readers.

A recent experience with another writer inspired this article; her request was for information about what nail professionals name themselves (nail technician, nail artist, manicurist, etc.) and how that might affect client perceptions. Rather than respond via email, I called the writer, Tracy Morin, and we had a stimulating discussion. I haven’t read Tracy’s finished article, so I don’t know how much, if any, of my information she used. However, for this article, I want to merge that seemingly benign “name” topic with the larger issue of false advertising and misrepresentation.

If that seems like a stretch, let me assure you, it’s not. But for the sake of argument, let’s begin with a more common example of false advertising found in nail salons: the misrepresentation of products and services. How often do consumers believe that they’re wearing gel enhancements when in fact they have traditional liquid and powder acrylics? This happens so frequently that I often find myself explaining my preferred products and how I use them.

I advise consumers that no matter what salon they patronize, they’re entitled to the truth about the products applied to their nails. Salons that falsely advertise any artificial nails as "better than acrylics” reveal how ignorant and gullible they expect consumers to be. For example, consider this description of “diamond nails” advertised by a salon: "They are strong and durable like acrylic, except with less odor. They are applied by brushing a resin glue on to the nails and then dipping the nail in to diamond powder." The powder is not “diamond;” it’s acrylic. Instead of acrylic liquid (ethyl methacrylate), this dip procedure uses an adhesive (cyanoacrylate) with acrylic powder (ethyl and methyl methacrylates).

Other falsely advertised nail services include:

• Gel -  a layer of gel over liquid and powder acrylic. True gel nails consist entirely of acrylic oligomer gel (acrylates) cured with a UV light; there’s no powder.
• Solar - a misleading name for any French-style (pink and white) nails, exploits a brand trademark.
• Crystal - a fancy name for clear tips covered with acrylic monomer liquid and clear polymer powder.
• Porcelain - clay heated to 1200°F cannot possibly be used for nails, yet this ridiculous name persists.
• Shellac - a specific brand of soak-off gel polish, not a procedure. There are literally dozens of brands available.
• Medical Pedicures - a pedicure that’s promoted as if it were a medical procedure; manicurists aren’t licensed to practice medicine. 

If misleading consumers about products and services is wrong, why do some service providers believe it’s acceptable to mislead about their qualifications and licensing? In a perfect world, consumers wouldn’t have to be concerned about whether their chosen beauty professionals are trained and licensed. After all, that’s the MINIMUM requirement of the law. While license types vary by state, each has a “scope of practice,” which defines what licensees are allowed to do. If someone chooses to limit themselves to specific services within a license type, that’s their choice, but they still need a valid individual license. That is, an unlicensed person cannot legally provide “just pedicures.” Moreover, advanced education doesn’t expand the professional scope of practice, no matter who provides the training/certification, how much time it takes or how much it costs.

California’s Board of Barbering and Cosmetology recently released a statement advising consumers to verify licenses of individuals and salons advertising on the internet. What complicates the verification process is the fact that even licensed individuals and salons advertise with “fake” names. In California where establishment (salon) licenses are specific to a geographic location, a salon could have “Acme Nails” on a valid establishment license, but advertise as “Xanadu Nail Spa.” Try verifying the individual license of Jenna Hipp, the “Green Celebrity Nail Stylist.” If that’s not a fake name, perhaps she has no license?

I refuse to tolerate those who are unlicensed, fraudulent and/or pretentious. In my perfect world, all individuals and salons would be required to advertise with their legal names and license numbers. My California individual license (111051) lists my legal name and license type, “Manicurist” and that’s how I advertise. My scope of practice is no different from any other licensed manicurists in California, regardless of what they name themselves. For the record, my favorite example of false advertising has to be “licensed podiatric nail technician;” there’s no such thing in the state of California.

By Jaime Schrabeck, Ph.D.

Nail Color Explosion

Article Published in Stylist Magazine, February 2013

Nail color has become a powerful force in the beauty industry. Page through any beauty/fashion/lifestyle magazine or spend any time at all on the internet, and count the number of related advertisements. Some ads focus on the person wearing nail color (celebrities and models), while others focus on the product itself (bottle shots and color swatches on “fake fingers”). Regardless of the quality of the ads and their respective products, this proliferation wouldn’t exist if these products weren’t profitable. Reports of “explosive” growth in the nail color market means we should expect more colors, products and advertising in the future.

As nail professionals, we might consider ourselves more savvy and less vulnerable to advertising, but we’re all consumers, exposed to and influenced by advertising to varying effect. The target audience, primarily female, has not changed, but the line between “consumer/retail” and “professional/salon” has been blurred like never before. Consumers interested in doing their own nails (DIYers) have greater access to “professional” products, and/or they can experience nail color by receiving salon services. Likewise, salons have new services to offer and products to retail. In fact, the renewed interest in nail color has been so powerful that many salon owners credit it, particularly in the form of soak-off gel polish, for their survival during this economic downturn. Rather than complain about DIYers and “professional” brands going retail, they’ve found a way to adapt and profit from this new reality.

Limiting this discussion to professional brands and ignoring stickers/decals (apologies to Dashing Diva, Minx and Sally Hansen) there’s still plenty to talk about. The competition among brands, from Akzentz to Zoya and those in between (Artistic, Barielle, China Glaze, CND, Color Club, Cuccio, Entity, Essie, Gelish, IBD, INM, Jessica, LCN, Le Chat, Light Elegance, NSI, Nubar, OPI, Orly, Young Nails, etc.), gives nail professionals many choices. Granted, the list above includes both traditional polish and gel polish brands, but that’s not even a comprehensive list, and some have literally hundreds of colors. Apparently, there’s something for everyone, with shades ranging from soft and subtle to bold and garish in creams, shimmers, frosts, glitters and matte finishes. And yet, new color collections are introduced for every season, including holiday. It can be expensive to keep pace, and not all colors may be worth the investment.

Speaking from my own 20+ years of experience as a salon owner and manicurist, I credit my continued success to loyal clients, and don’t consider advertising nail products to consumers a threat to my professionalism. I cannot compete with national advertising, and don’t have to because it raises awareness about nail care in general. Indirectly, it draws attention to the services offered at my salon and the products I’ve carefully selected based on performance, availability, pricing, etc. I welcome questions from potential and existing clients about professional services and product selection; it means they care.

While my salon services remain consistent (and do not include soak-off gel polish), the color options do evolve. I have my own preferences, but also understand what my clients prefer. Rather than feel overwhelmed by the choices, I limit myself to a wide selection within a few brands so that the colors complement and contrast with each other. After several months of working with the most recent collection, it’s time for something new. I especially look forward to collection previews and swatching, and can predict which colors will be most popular among my clients. Those colors will make it into my ongoing collection, while unpopular or redundant colors will be eliminated.

The power of color cannot be denied and I don’t need to study color psychology to appreciate that it goes beyond expressing yourself and influencing mood and behavior. The fact is nail color is decorative; it’s not even necessary for the health and safety of nails, and yet it may be one of the primary reasons why clients seek professional nail care. The emotional reaction to color is so personal; we all have our favorites, and while some choose to wear the same color for years, others want variety. As a service provider, it makes me feel good that clients of all ages will get excited about wearing their favorite color, whether an old favorite, a new one, or just new to them.

At this point, it may seem difficult to determine which is greater, the supply or the demand for nail color. How many colors/products do we need, and is there a “saturation point” at which the market cannot possibly absorb another brand? The answers may well be “As many as we can afford,” and “Never!” That’s the genius of producing and marketing nail color. Both consumers and professionals want choices and manufactures can satisfy the demand, even while the formulation of the products remains essentially the same. Given personal preferences, infinite possibilities, evolving trends and new technologies, we’ll always be surrounded by the power and beauty of color. It’s hard to resist.

By Jaime Schrabeck, Ph.D.

Professional Support

Article Published in Stylist Magazine, January 2013

What makes us “professional?” In the broadest sense, anyone working in the beauty industry could be considered “professional,” including those who are not licensed, competent, ethical, legitimate or financially successful. Is being all of those things too much to expect of a “beauty professional?” We all know examples of talented, hard-working individuals who can’t support themselves, and others who do well for themselves, but work illegally. How do we reconcile ourselves to a concept that divides us, the concept of being professional?

Consider the efforts of the Professional Beauty Association (PBA), our industry’s largest trade association. Earlier this year, the PBA invited all beauty professionals to “Take the Pledge” and commit to a code of ethical practices. Each PBA membership section (Salon Owners, Licensed Professionals, Manufacturers and Distributors) has its own code online to “print, sign and display (press release dated July 6, 2012). If not already a member of the PBA, you may have missed this invitation to “Take the Pledge,” but it’s available to you “regardless of membership.”

For most readers, the applicable code would be either for Salon Owners or Licensed Professionals. This statement precedes each one: “In order to ensure and promote integrity in the professional beauty industry, PBA expects all members of the [insert section name here] section to abide by the standards which are reflected in this Code of Ethical Practice.” As might be expected, there’s significant overlap between the codes for salon owners and licensed professionals, with minor wording variations:

Provide high quality professional beauty products and services to the consumer.
Keep licensing and/or registration current as required by federal, state, and local authorities.
Keep insurance current as required by federal, state, and local authorities.
Accurately report tips and income as required by federal, state, and local authorities.
Only use professional products and not divert products.
Promote ethical pricing on products and services.
Make all advertising and sales promotions factually accurate.

Additionally, Salon Owners pledge to:

• Promote positive awareness about the beauty industry.
• Subscribe to and follow accountabilities standards.

Only employ licensed professionals when licensing is required to perform job function.”

And Licensed Professionals also pledge to:

• Follow safety and sanitation guidelines.
• Follow tax accountabilities.

As a salon owner, licensed professional and PBA member, I understand the PBA’s intent to “create a uniform standard in the way we view and act as an industry.” And I don’t disagree with what’s included in the codes. In fact, my initial reaction was “I’m already doing these things.” However, after careful consideration, I chose not to sign the pledge. In my opinion, it’s meaningless. This pledge wouldn’t change my behavior, or make me any more “professional.” Violating it does not carry any more consequences than signing it does.

What good does it do to pledge to follow laws and guidelines if you don’t know what they are? Beauty professionals don’t lack commitment, they lack information. I’ve supported the PBA for years, and especially appreciate its Nail Manufacturer Council on Safety (NMC). Scientific information from this trusted source benefits both the nail industry and consumers, and I reference it often. Even if the NMC were the only function of the PBA, it would make my membership worthwhile. Yet, I have a difficult time convincing other salon owners and licensees to join this organization. Why is that?

Granted, the impact and appeal of the PBA would be greater if there were national standards, testing and licensure, but that’s not the case. Our individual concerns tend to be more immediate because most of us work at the local level, regulated by our respective state governments. And at the federal level, where laws affect all of us, we don’t support each other and our industry as we should, especially with regard to legal compensation of employees and our tax obligations.

With all due respect, the PBA’s ongoing efforts to lobby Congress to pass The Small Business Tax Equalization and Compliance Act (SB974/HR195, also known as  the FICA Tip Tax Credit), have not yet been successful. To its credit, the PBA does an excellent job of explaining its position that salon owners should not be responsible for paying taxes (7.65%) on tip income paid to service providers by consumers. Twenty years ago, the lobbying efforts of the National Restaurant Association resulted in a federal dollar-for-dollar tax credit for restaurant owners, known as section 45B of the Internal Revenue Code. However, that credit does not apply to salon owners and their employees, no matter how comparable the industries.

The proposed legislation is fundamentally fair and logically sound, but how many within the beauty industry even know about it? Sadly, even if they knew, I’m sure that many would think it’s not their problem. This legislation doesn’t directly affect manufacturers or distributors; their employees don’t collect tips. And let’s be real: many licensed professionals don’t report their tip income, and many salon owners don’t take financial responsibility for their workers as employees (although if audited, the IRS would categorize them as such). So we’re left with the PBA and salon owners who follow the law and pay their employment taxes fighting for this legislation? That’s not very encouraging, and apparently not enough. It’s time we come together as professionals for the better of our industry; we need each other’s support.

By Jaime Schrabeck, Ph.D.