Ulta Class Action Accuses Company of Selling Used Beauty Products

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According to a class action lawsuit, Ulta Beauty Inc. has been caught reselling used cosmetic, hair and beauty products as well as outdated items.

Lead plaintiff Paula M. Ogurkiewicz alleges in her class action lawsuit that the chain of beauty product retail stores forces strict return quotas, prompting store employees to repackage returned and old items as new.

The Ulta class action lawsuit alleges that these practices expose unwitting consumers to diseases, such as E. coli or herpes.

Ogurkiewicz says that she and other consumers would not have purchased products from Ulta if they knew they were potentially buying used or expired items.

“The company’s marketing and advertising of its beauty products is false, deceptive and misleading to reasonable consumers who believe that they are purchasing new, unused and previously unopened cosmetics,” alleges the Ulta Beauty class action lawsuit.

This is not the first class action to hit Ulta over used makeup. Earlier this year, Ulta was hit with another class action lawsuit alleging the company directs employees to make returned, used cosmetics “look new,” but fails to sanitize them before putting them back on the shelves.

According to the Ulta cosmetics class action lawsuit, many Ulta customers participate in a loyalty program and are drawn to the company because of its liberal returns policy that allows products to be returned for any reason. However, this policy is coupled with pressure from Ulta on store managers to limit the used products that are returned – leading stores to put used products back on the shelf.

“Plaintiff has no way to distinguish between new beauty products, which she would be willing to purchase, and used beauty products, which she would not be willing to purchase,” according to the Ulta class action lawsuit.

Ogurkiewicz also alleges that Ulta markets expired products to consumers without their knowledge. Further, the retailer often deceptively markets free beauty products by providing coupons supposedly redeemable at all Ulta locations; however, the plaintiff alleges that the stores often have no knowledge of the promotions and do not have the “free” products to distribute.

“[S]uch promotions for ‘free’ Beauty Product were in fact deceptive marketing techniques designed to lure consumers into Ulta stores under false pretenses,” alleges the Ulta class action lawsuit.

The plaintiff seeks to represent a nationwide Class of consumers who purchased used or expired products from Ulta Beauty locations, as well as an Illinois subclass. The plaintiff alleges that Ulta’s reselling policy violates various Illinois state laws, including its Food, Drug, and Cosmetic Act as well as its Salvage Warehouse Store Act. Ulta is also in breach of contract, according to the class action.

Ogurkiewicz is seeking damages, including actual and punitive, on behalf of herself and potential Class Members. She is also seeking a court order stopping Ulta from reselling used and expired products in its stores.

The plaintiff is represented by Louis C. Ludwig, Patrick V. Dahlstrom, Gustavo F. Bruckner and Samuel J. Adams of Pomerantz LLP.

The Ulta Beauty Repackaged Products Class Action Lawsuit is Paula M. Ogurkiewicz v. Ulta Beauty Inc., Case No. 2018-­CH-­03006, in the Circuit Court of Cook County, Illinois.