Rejuvenu threatens legal action

Rejuvenu International Limited (formerly International Hair Removal Systems) sells the Super-Phaser Gold. Claiming that this device can achieve permanent hair removal is a violation of federal regulations.

This site has documented the many name changes, the revolving door of distributors, and the ongoing efforts by FDA to get this company to promote its products legally. This led to the following threat of litigation, sent on 26 November 2002.

My reply follows. I will add any response if I receive one.

Law Office of
Richard J. Costanza, P.A.
Attorneys & Counselors at Law
375-F South East Broad Street
Southern Pines, North Carolina 28387

Richard J. Costanza
Hal Morris

Telephone (910) 692-7121
Facsimile (910) 692-4206

November 26, 2002

Andrea James
Post Office Box 13217
Chicago, IL 60613

Re: Rejuvenu International, Ltd., Mr. Lee Cole, Dr. Mark Chandler

Dear Ms. James:

My firm represents Rejuvenu International, Ltd., Mr. Lee Cole, and Dr. Mark Chandler. My clients have joint and several claims against you arising from website publications known as “hairFACTS.” I have reviewed your present claims posted on your site as well as the reams of previous statements that my clients have previously copied and provided me. A review of the actionable, intentional misstatements is not the purpose of this correspondence.

My intent is to inform you that we will not permit you to continue the recent practice of intentional interference with the business affairs of my clients, as well as the defamation of them personally, and the libelous claims made against all of them. We have already documented the loss of business contacts suffered as a result of your wrongful activities and we do hereby demand that you cease the publication of all such ungrounded statements immediately.

As the scope of your improper activities breach both State and Federal claims, should we determine suit is necessary we will bring the appropriate claim in the U.S. District Court for the Middle District of North Carolina. Please heed this warning and discontinue your assaults against my clients immediately.

Sincerely
[signed]
Richard J. Costanza

Cc: Mr. Lee Cole
Dr. Mark Chandler

My response

December 3, 2002

Richard J. Costanza, P.A.
375-F South East Broad Street
Southern Pines, NC 28387

Re: Rejuvenu International, Ltd., Lee Cole, Mark Chandler

Mr. Constanza:

I am in receipt of your letter regarding my discussion of your clients Rejuvenu International, Ltd., Lee Cole and Mark Chandler on Hairfacts.com. In it, you characterize my documentation and analysis as “actionable, intentional misstatements,” “defamation,” and “libelous claims,” among other things. Despite providing no examples of these alleged offenses, you threaten me with some sort of SLAPP suit and other vague legal threats.

I work very hard to present factual information to consumers, and I take threats of legal action very seriously. Any errors or omissions on Hairfacts are unintentional, and I will certainly correct any misstatements as soon as possible. If you provide a list of the statements in question, I will correct them if warranted. Otherwise, I will assume your halfhearted threat stems from the fact that your accusations are groundless and without legal merit.

[signed]
Andrea James
Hairfacts.com
P.O. Box 13217
Chicago, IL 60613