Ulta Beauty Inc. has been hit with a class action lawsuit accusing the cosmetics company of reselling used cosmetics to consumers who believe the products are new.
Plaintiff Kimberly Laura Smith-Brown of Los Angeles points to a recent disclosure by a former Ulta employee who said that Ulta employees were told by management to repackage items that had been returned by a customer and put them back on the shelf.
According to the Ulta class action lawsuit, a former Ulta employee in January took to Twitter to reveal a “dark secret” about the beauty product retailer. She alleged that products returned to Ulta stores are made to “look new,” but are not sanitized, before they are put back on the shelf.
Dozens of other former and current Ulta employees reportedly echoed the whistleblower’s allegations, confirming that Ulta stores throughout the United States restocked and resold used cosmetics. Many claimed that they would complain to their managers about the unsanitary practices, but their managers would allegedly insist that the returned products be put back on the shelves.
Ulta is reportedly known as a cosmetics store that has the “best return policy,” as consumers are allowed to return products to the store if they are unsatisfied for any reason.
“Despite the widespread internal knowledge of these deceptive, unfair and unsanitary practices, Ulta has continued to deceive consumers for years, repackaging, restocking and reselling used beauty products including cosmetics at full price as if they were new,” Smith-Brown alleges in the Ulta class action lawsuit.
According to the Ulta class action lawsuit, Smith-Brown regularly purchased cosmetics at Ulta, believing that all of the products on the stores’ shelves were unused.
“Ulta’s widespread and surreptitious practice of repackaging, restocking, and commingling used returned cosmetics with new cosmetics on its shelves means that every sale of cosmetics since Ulta began this policy is tainted with the possibility that the customer is purchasing used, dirty cosmetics,” the Ulta class action lawsuit says.
Smith-Brown says that, as a result of Ulta’s deceptive practices, she and other putative Class Members did not receive the products they were promised. She claims that, if she had known that Ulta deceptively repackaged and restocked used cosmetics as if they were new, she would have either paid less for the cosmetics or would not have purchased them at all.
By filing the Ulta class action lawsuit, Smith-Brown seeks to represent herself and a proposed Class of consumers who purchased cosmetics from Ulta Beauty retail locations (not for resale). Smith-Brown also seeks to represent a California subclass.
The Ulta class action lawsuit asserts claims for unjust enrichment and violation of California’s Unfair Competition Law.
Smith-Brown is represented by Theodore B. Bell, Carl V. Malstrom, Janine L. Pollack and Correy A. Kamin of Wolf Haldenstein Adler Freeman & Herz LLP, and by Lee S. Shalov of McLaughlin & Stern LLP.
The Ulta Used Cosmetics Class Action Lawsuit is Kimberly Laura Smith-Brown v. Ulta Beauty Inc., Case No. 1:18-cv-00610, in the U.S. District Court for the Northern District of Illinois, Eastern Division.
UPDATE: On Aug. 6, 2018, Ulta Beauty filed a memorandum in support of its motion to dismiss a class action lawsuit accusing it of deceptively selling used cosmetics and representing them as new products, claiming that the plaintiffs’ complaint “suffers from three fundamental flaws that cut across each claim.”
UPDATE 2: On Sept. 14, 2018, shoppers 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.
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731 thoughts onUlta Class Action Lawsuit Says Company Resells Used Makeup
I’d like to be added also. I’ve been purchasing for at least 7 years. Have pitched in Cali, Mich, No and online. I had eye rash reactions twice from mascaras but had no idea the items may have been used!
I would like to be added as well! I have returned products that I knew have been previously used.
Please add me. I also have spent so much at this store.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Please add me as I have spent thousands of dollars at Ulta and have returned massive amounts of products because when I got them home to use them, they had been used! Gross, Yuk!!!!
It takes years to build a company. Greed will destroy a brand in days.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Please add me.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Please add me
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Add me please
After purchasing a eye shadow palette from Ulta and using it about 3 days I developed pink eye in both eyes. The more i think about it the more i remember seeing one of the colors smudged. I’m sure it was used and resold to me unfortunately after hearing this.
Thought the make up was old. Not New
I literally just experienced this FIRST-HAND on February 12, 2018. I had received an order in the mail from Ulta for 4 mascaras. None of them were in cardboard packages or even had cellophane seals so I called to say how appalled I was as I refuse to use any eye makeup that isn’t sealed. So, I returned them to the store in person in NYC on 2/12/18. The cash desk was right in front of that brand’s mascara display (Essence). The cashier processed the return and asked if I had opened the mascaras. I told her I didn’t and she proceeded to reach behind to the display and literally put each of the 4 mascaras back on the shelf. She never opened any of the mascaras to make sure they weren’t used but all I could think was…I’M RETURNING THEM BECAUSE THEY’RE NOT SEALED! I should also add that she wrote the reason for the return on my receipt as “CHANGED MIND”…I told her I was beyond appalled and that I didn’t think they could sell returned makeup by law. She said, “Well, you told me you didn’t open them.” !! I told her, it was like sending food back to the kitchen in a restaurant and then having the chef send it out to someone else. It’s unsanitary and as far as I believe, illegal. She seemed completely nonplussed. I also told her I would never shop at Ulta again. Zero reaction and she proceeded to help the next customer. I am happy to provide a statement/receipt/location etc. regarding this in addition to details of the phone conversation I had with Ulta.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Please add me to the list I have been shopping at Ulta for years. And I know for a fact they sell used items because I purchased a hair dryer and had to return it because it looked used because the brush that came with it had blonde hair in it. Another time I also purchased Dead Sea salt and mud the package was open leaking. I also bought powder and had a bad break out when I never had pimples before. My name is Sherlene Limon let me know if you have anymore questions I want to join this lawsuit. Thank you
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!