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February 2008

Balding man out-of-court settlement for lack of hair growth

Japan's leading hair-growth company has agreed to pay 4.3 million yen (US$40,355; £27,600) to a balding man whose hair did not grow back after four years of treatment.

The man, whose name was withheld for privacy reasons, started weekly treatments in 2001, but obtained limited results and sued the company in January 2006 seeking 8.6 million yen (US$80,710; £55,200) in damages, his lawyer, Yasumasa Tamura, said Thursday.

The 58-year-old businessman said he signed a contract for treatments with Mohatsu Clinic Reve 21 after the company assured him that his hair "will definitely grow back" in three years, the lawyer said.

He went through weekly sessions which cost a total of 4.9 million yen (US$45,990; £31,450) and spent another 1.9 million yen (US$17,830; £12,200) on supplements and hair-growth tonic.

Photos in the Japanese newspaper Asahi comparing the crown of the man's head in 2001 and 2005 showed virtually no change.

The plaintiff's two-hour weekly sessions included massage and shampooing. The company also used its patented high- and low-frequency wave devices said to stimulate hair growth.

The lawyer said the out-of-court settlement was reached in September with the company, better known as Reve 21. But the case was not widely reported until this week.

Reve 21 has more than 92,000 customers across Japan and hosts an annual hair growth contest. Its frequent TV commercials often feature celebrities.

Before the lawsuit, the man had unsuccessfully demanded that his payments be refunded or the company provide treatment until his hair grew back, according to the lawyer.

He decided to file a suit after the company offered to pay only 1 million yen (US$9,385; £6,420).

The company has a policy of returning treatment fees depending on results.

"But the policy is not something that promises customer satisfaction," the company said in a statement issued following media reports Tuesday.

"We have been telling our customers that hair growth differs among individuals and clearly state that in every advertisement," it said.