(PRWEB) April 09, 2017
The New York Laser Clinic Limited (NYLC) is an independently-owned chain of Cosmetic Clinics based in London. It was founded in 2004 and carries out many non-invasive cosmetic procedures, including laser hair removal. It has undertaken hundreds of thousands of treatments over the last 13 years.
NYLC has issued proceedings at the High Court of Justice in London [HQ16X04444] against Naturastudios Limited (“Naturastudios”), a company owned by Mr James Anderson, for negligent misstatement with respect to the supply to NYLC of lasers from Formatk’s Magma platform (“Magma Lasers”) in late 2015. Naturastudios is the UK distributor for the Magma Lasers, which were designed, developed and manufactured by Formatk, an Israeli company. According to Naturastudios, Formatk also manufactures certain Lumenis lasers on behalf of Lumenis.
Naturastudios made and in many cases continues to make, on its website, claims about the performance and efficacy of the Magma platform, in particular with respect to the Diode (ALD head). NYLC alleges that it acquired 6 lasers in reliance on various of these statements as well as on statements made an employee of Naturastudios and a consultant for Naturastudios. The statements that NYLC alleges Naturastudios, its employees and/or consultant made included:
- Treats all skin types including type VI [on the Fitzpatrick scale], can also be used on clients during the summer months on those with an active tan
- FAST – full legs can be treated in only 20 minutes
- EFFECTIVE – Hair removal clinical studies showed up to 86% clearance after only 3 treatments using the 808nm Diode Laser
- SAFE – a unique combination of a super chilled tip and melanin meter for setting the parameter make the Magma extremely safe and easy to use
- AFFORDABLE – The system is competitively priced and with a lifetime of 3 million pulses on the Diode Laser the ongoing costs are insignificant
- That treatments using the Magma laser were PAINLESS
NYLC alleges that these claims were false, untrue, inaccurate and misleading. Furthermore, it alleges that the training provided by the consultant on behalf of Naturastudios was negligent in its delivery. NYLC alleges that the consultant ceased his relationship with Naturastudios soon after NYLC made its complaint to Naturastudios.
In its submission to the Court, NYLC has stated that it ceased selling new treatments using the Magma Lasers to clients with skin types IV-VI on the Fitzpatrick scale in Summer 2016 and transferred clients with those skin types from the Magma Lasers to its Candela lasers. Since early February 2017, NYLC has ceased all Magma laser treatments on all of its clients (irrespective of skin type). NYLC has incurred significant costs remedying ineffective treatments that were given using the Magma Lasers.
NYLC is currently in the process of preparing notifications to the U.S. Food and Drug Administration (“FDA”) and Medicines & Healthcare Products Regulatory Agency (“MHPRA”) in the UK/EU with respect to the issues identified with these lasers.
The New York Laser Clinic +MediSpa