Emily Sortor  |  September 19, 2018

Category: Consumer News

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Shoppers have asked a judge to reject Ulta’s bid to dismiss their used makeup class action lawsuit saying that the risk of purchasing used makeup is enough to let the complaint go to court, even if each putative Class Member did not unknowingly purchase used makeup.

The consumers claimed that Ulta made a practice of repackaging returned, used products and selling them as new.

Fighting back against the consumers’ attempt to file an Ulta Beauty class action lawsuit over the issue, Ulta said that the plaintiffs didn’t have standing to file the Ulta class action lawsuit because not all customers in the proposed Class had actually purchased the used makeup.

On Friday, the consumers fired back against this claim in turn saying that they were injured because they believed that they were buying new products, and would not have shopped at Ulta at all if they knew there was a risk that they were purchasing used goods.

Allegedly, “Ulta’s actions reduced the value of the products, whether new or used, and [consumers] did not get what they bargained for – products which were not subject to commingling.”

In the same statement, the consumers’ representation argued that “Ulta should not be permitted to create a dangerous and unsanitary situation and then use this artificial distinction between new and used products to avoid liability for its deceptive acts.”

The consumers say that there is sufficient precedence to bring the Ulta used makeup class action to court, because courts including the Seventh Circuit have already approved similar claims of deception.

The plaintiffs say they should be able to claim that Ulta’s deception, and therefore the consumers’ injury, is not linked to specific products purchased by consumers.

Consumers filed three separate lawsuits against Ulta this year, claiming that the beauty company made a company-wide practice of repackaging used products that had been returned by customers, and reselling them as new.

In April, the Ulta used makeup lawsuits were consolidated into one class action lawsuit.

These allegations were made after an Ulta employee took to Twitter to allege that the company was reselling used makeup. This statement was then made by many more Ulta employees.

Ulta attempted to dismiss the proposed Ulta used makeup class action lawsuit in August, arguing that the customers’ allegations were too vague, and that the proposed Class was too broad, given that not all of the consumers in the proposed Class had actually purchased the used makeup.

Additionally, the company argued that the named plaintiffs should not be able to represent consumers outside of their own states.

Ultra claimed that the consumers’ allegations of unjust enrichment and breach-of-warranty could only be brought forward under state laws in which the named plaintiffs reside.

According to the plaintiffs, that was a problem of Class certification and did not merit dismissing the Ulta class action lawsuit.

The Ulta consumers are represented by Carl Malmstrom and Janine Pollack of Wolf Haldenstein Alder Freeman & Herz LLP, Lee Shalov, Jason Giaimo and Wade Wilkinson of McLaughlin & Stern LLP, Thomas Zimmerman Jr., Matthew De Re and Sharon Harris of Zimmerman Law Offices, and Theodore Bell.

The Ulta Used Makeup Class Action Lawsuit is Kimberly Smith-Brown v. Ulta Beauty Inc., et al., Case No. 1:18-cv-00610, in the U.S. District Court for the Northern District of Illinois.

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44 thoughts onShoppers Ask Judge to Reject Ulta’s Bid to Dismiss Used Makeup Class Action

  1. Danielle Vojinov says:

    Please add. I frequent Ulta reside in Michigan. This is disgusting!!

  2. Jenn says:

    How do I get involved in the ULTA class action? I have bought tons of products there!!

  3. Elaine T says:

    Please add

  4. Sheryl Rohrbacher says:

    I’ve bought makeup and other products from Ulta. Please add me.

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