Legal dispute
This project aims to raise funds to resolve a claim, or other type of dispute.
Please help me to get justice
Widnes, Borough of Halton, United Kingdom
Aim
To help raise money for my legal fees for my big court case against Kate McIver Skin that I have won, but has been appealed by the defence.
My name is Georgina Tang, a desperate mum fundraising for the ongoing legal battle against Kate McIver Skin to get justice and protect my family’s livelihood.
My son Alessio was struggling with psoriasis causing his skin to crack, bleed, and also hair loss whilst undergoing chemotherapy due to an auto-immune condition.
After several visits to the dermatologist for his psoriasis and no improvement with steroid creams, I decided to take matters into my own hands. I took courses to learn how to develop skin care. I made a shea butter balm to alleviate the psoriasis and after using it for a month, Alessio’s skin was completely clear. This was life-changing for him.
One night I found hair on his pillow which had fallen out. Devastated, I became determined to create the best haircare for my son. As a result, I created the ultra-mild shampoo and conditioner to aid healthy hair growth.
When people saw how good his skin and hair looked, they started asking me what I was using, so I started sharing the products with people who were undergoing chemotherapy treatment. I had not ever considered selling them, I just wanted to help people.
In 2014, I founded my multi-award-winning brand “Yours Naturally Naturally Yours” but this was not the plan. I was just a mum prepared to do anything I could to stop my son from suffering. Chemotherapy can be devastating for people’s skin and hair.
Then, I started learning more about products to improve aging and problematic skin and eventually developed Elixir -- which has since been used by celebrities and white-labelled by beauty salons.
I never dreamt I could create something that would have such an impact on people’s lives. Customers call Elixir a ‘Miracle in a Bottle’ as it restores a youthful look and so many cancer sufferers have commented on how their skin was transformed, and among them, the late Kate McIver.
Kate McIver bought Elixir serum for her own use whilst undergoing chemotherapy. In 2018, she became a white-label customer selling my Elixir (which she called Secret Weapon), so very well that she claimed to create it herself whilst she had chemo and made it in the back room with her very own hands!
On 1-12-2018, Kate McIver launched Secret Weapon Ltd Edition after terminating our working relationship with immediate effect the previous day. Soon they announced to bring back the original Secret Weapon, aka Elixir (they called it Secret Weapon Original), both serums were imitations of Elixir, not the exact composition as only I have the secret formula.
To defend my brand, business and reclaim my invention, I started legal actions against Kate McIver Skin in 2019 and eventually won the 4-year-long legal battle in April this year. Legal history was made, as this is the first case determined by trial of “Reverse Passing Off”.
Judge Hacon wrote in the Judgement: "But while her story of being driven to create a serum to cure her bad skin was presumably attractive from a MARKETING point of view, IT WAS NOT TRUE"
“The implied published statement as I have found it to be, that Ms Tang did not create the ‘Elixir’ serum, WAS FALSE. On the evidence available I have no doubt that Ms McIver KNEW that her statement WAS FALSE. Malice is established.”
The Court ordered anyone of Kate McIver Skin Limited to restrain from:
i. Misrepresenting the First (Secret weapon ltd edition) Pelham (Manufacturer) Reformulation and the Second (Secret weapon original) Reformulation and any other similar product: (a) as the Claimant's Elixir product; or (b) as the Tang Formulation
ii. Misrepresenting the Claimant's Elixir product as the creation of Ms McIver
Here’s the link to the official full court judgment:
https://www.bailii.org/ew/cases/EWHC/IPEC/2023/890.html
I almost suffered a nervous breakdown and had many sleepless nights over the 4 years, as I worried sick about losing my business and home. My business is our only livelihood as my husband was made redundant after twenty-five years with the same employer in 2018, totally devastating for him.
Alessio has severe autism, attention deficit disorder, learning difficulties, sensory processing and communication difficulties, as well as complex medical conditions. He is on Anti-Tumour Necrosis Factor treatment for life. I set up this business to provide him a quality life and also to create a legacy fund for his 24/7 hours care, as he requires this for life.
I used up our family life savings fighting this legal battle, money which we saved scrupulously over the years for Alessio’s future care costs and had spent nearly £200,000 on this legal case.
I was over the moon winning the case and thought that was the end of it, so it was a major shock to find out KMS had submitted an appeal against the decision. I worried sick again trying to find money for the appeal, as this legal action has already put a massive financial drain on my business.
The appeal and associated legal costs are heading to around £100,000. My husband and I have cashed in our pensions, money that was planned to pay off our mortgage. Also, by eating cheaper food we cut the food bill by half. Further, we reduced energy bills by 1/3 by using less lighting and heating.
Alessio is helping too by giving up most of his disability benefits and my husband sold his car. As a family, we made sacrifices to save money to continue with the fight for justice.
I have to keep fighting because if I stopped I would lose the whole case by default. Therefore, I am pleading for your donation urgently, £5, £10, £20, £50, £100, or whatever you can to help pay the legal costs, so that I can get justice, reclaim my invention and protect my family’s livelihood.
The appeal hearing is set for 30th November 2023 and I remain confident in winning the appeal.
Here is the link to my result-driven organic skin care products: www.ynny.co.uk
Please help by spreading the TRUTH and share the Crowdfunder link with others.
This project successfully funded on 9th December 2023