A mother from South Liverpool has won ‘The Secret Weapon Serum Scandal’ after years of fighting, but could lose over £300,000 despite winning a huge court case twice, one in the Lower Court and the other in the High Court of Appeal.
Georgina Tang, 60, is the owner of multi-award winning natural organic skincare brand, Yours Naturally Naturally Yours. She recently won a ground-breaking case against Kate McIver Skin Limited but stands to claim back just a fraction of the amount spent fighting to reclaim her invention that Kate McIver Skin falsely claimed to create.
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE
Despite succeeding in the claim of ‘Reverse Passing Off’ and Copyright Infringement after five long years of legal battle, the legal costs have put a huge strain on Ms Tang’s business and her family. After spending around £310,000 on legal costs so far, including a recent appeal from the Defence that almost plunged her into financial ruin, she has been awarded just £48,000 by court for the appeal application having spent around £96,000 on that.
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE
Georgina is a well known pioneer of results-driven skincare and haircare products within the beauty industry. She has created many ‘miracle’ formulas that have had profound results on people through her multi-award winning brand. One of these products was her ‘Elixir’ antiaging serum that was used by the late Kate McIver when she was having chemotherapy in 2017.
Georgina created Elixir aka ‘Miracle In A Bottle’ in 2015 after having great success with other “skin-kind” products for her son Alessio when he had chemotherapy. One night when she kissed him goodnight, she found lumps of hair on his pillow — breaking down and crying, she was absolutely determined to make haircare products to aid hair growth and Alessio now has a full head of hair.
In 2015, at 52, Georgina wanted to create an antiaging formula for her own skin as she couldn’t find one that was effective on the market. Due to the profound success of her new Elixir, she supplied to beauticians and retailers including Kate McIver — who became a ‘white label’ client.
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE
White label arrangement began in 2018, with Ms. McIver using Georgina’s product name “Elixir” and later changing it to Secret Weapon. Completely unbeknown to Ms Tang, Ms McIver started to misrepresent that she created Elixir aka Secret Weapon whilst she had chemotherapy — even stating that she made it in her own back room with her very own hands.
Kathryn Orr, then Marketing Director of Kate McIver Skin, terminated their working arrangement with immediate effect on November 30th 2018 — launching Secret Weapon Limited Edition based on Elixir the very next day. Kate McIver’s ‘Secret Weapon’ shot to fame with the fake story and was championed by influencers and celebrities such as Lisa Snowdon, Danielle Llyod, Trinny Woodall and Alex Gerrard.
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE
Kate McIver engaged Pelham to produce two serums based on Elixir. On this, Judge Hacon wrote: “The message presented by KMS in respect of both REFORMULATIONS was that it was the same serum as had been sold as the Elixir serum. In my view, Ms McIver and KMS remained very attached to the attractive story of Ms McIver’s having created their serum because of her efforts to recover from the effects of chemo.”
He went on to say: “They continued to state that this was the serum they were selling. This is supported by Kathryn Orr’s interview for the Ladies Of Liverpool podcast, the prominent use of ORIGINAL on the packaging and the repeated use of the Danielle Lloyd photos to promote the product.”
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE
On 20th April 2023, Judge Hacon in the Intellectual Property Enterprise Court in Manchester declared the case victorious in the favour of Ms Tang. The case has since been dubbed ‘The Secret Weapon Serum Scandal’ and has been subject to various coverage in the press, however the appeal from the defence extended the case further and left Ms Tang on the verge of financial ruin.
Judge Hacon wrote: “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 Mclver KNEW that her statement WAS FALSE. Malice is established.”
Currently over £300,000 down despite winning, it is particularly damaging to Ms Tang. She founded her company due to her son Alessio, who has severe complex needs such as Autism, Attention Deficit Disorder, learning difficulties and communication difficulties to name just a few. She had hoped her business would leave a nest egg for him when she’s gone, but that now remains in jeopardy.
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE
Ms Tang said: “This long legal battle has taken its toll not just on my mental health but also on my family’s financial stability. I’ve had to cash in my pensions, we’ve sold my husband’s car, we’ve had to live without heating despite my son Alessio being immune compromised so he feels the cold more than the average person.”
“We’ve had to eat expired food for free from Zero Waste Liverpool by queuing out in the cold for hours. I have to offer water to Alessio instead milk and cut down on his food, especially fruits which he loves. He needs a healthy balanced diet due to his complex medical health conditions.”
“It has been so tough that I’ve found myself in tears, as well as wanting to end my life on occasions, especially during October and November 2023 where I had to find £50,000 for legal representation fees. I got so depressed, especially after the rejection from my bank for a re-mortgage loan.”
“I felt so hopeless and couldn’t see a way out until I got an online personal loan approved. Then the lump sum of my occupational pension came through, however this money was planned to pay off part of the house mortgage. I now have £65,000 of loans to repay. Such stressful times as I worried sick about my business would collapse without money but most of all, losing our home! I feel utterly guilty for putting my family in this impossible situation.”
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE
Georgina continued: “I actually won 4 legal battles against KMS, so far I received £8000 from KMS for winning the debarring application. Also I have been awarded £48,000 for the appeal and around £5000 – £7000 for the security costs application but KMS failed to pay on the deadline set by court, therefore my legal team has commenced a winding up petition against them.”
“But that’s not all. I need to find money to fight again to recover the £210,000 spent on winning the Lower court application, however I don’t know how much I can recover if any from KMS. Therefore I could be down by over £300,000 and my family has suffered terribly so that I reclaim my invention back from Kate McIver.”
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE
This is a legal history breaking case on “Reverse Passing Off” being the first ever case won by a trial, setting the foundation for future cases. Even more ground breaking is that it won not once but twice by trial! Georgina has demonstrated the strength and resilience of a warrior, despite fighting an uphill legal battle with her legal team.
Her Lawyer, Kate Irvine-Yates, said: “I am unbelievably happy for you. You have shown such resilience and strength of character throughout the claim and the appeal. I stand in awe of all my litigation clients who engage in claims because it is a time of real stress and very high stakes. You have endured not only a claim but the appeal too and you deserve to have your strength recognised. You have been a force to be reckoned with and I am delighted that you have triumphed.”
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE
Throughout the process, Ms Tang had offered mediations in order to agree on an out of court settlement but these offers were rejected by Kate McIver Skin. Instead, the legal battle was dragged on for years — leading Ms Tang on the verge of financial ruin.
Ms Tang explained: “Why would anyone do something like this to an honest person like me? I am now having to fight them over court costs and compensation as I cannot be out of pocket like this. Honestly, I will be very lucky to walk away without a huge loss — where is the justice in that?”
Yours Naturally Naturally Yours by Georgina Tang
For the YNNY online shop or to enquire about becoming a stockist visit Georgina’s WEBSITE!
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For the full Judgement on the case CLICK HERE! For the High Court Of Appeal Judgement CLICK HERE!
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