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 โdark secretโ about the beauty product retailer. She alleged that products returned to Ulta stores are made to โlook new,โ but are not sanitized, before they are put back on the shelf.
Dozens of other former and current Ulta employees reportedly echoed the whistleblowerโs 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 โbest return policy,โ as consumers are allowed to return products to the store if they are unsatisfied for any reason.
โDespite 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,โ 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 storesโ shelves were unused.
โUltaโs 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,โ the Ulta class action lawsuit says.
Smith-Brown says that, as a result of Ultaโs 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 Californiaโs 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,ย 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 plaintiffsโ complaint โsuffers from three fundamental flaws that cut across each claim.โ
UPDATE 2: On Sept. 14, 2018, shoppers asked a judge to reject Ultaโsย bid to dismissย 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
Ive spent thousands of dollars with Ulta in the past 3-4 years. I need in this lawsuit. Does anyone have any information on how to get in, maybe get it rolling for Arkansas as well.
How can I get added to this lawsuit?
This is just awful to hear. I remember 2yrs ago I brought eyeliner, lipstick and blush stick from ULTA( FL.) I noticed the packaging of the lipstick seemed odd to me. I didnโt realize until after I got home the lipstick looked as if it was used, almost as if they were trying to reshape it. The next day I RETURNED EVERYTHING for a refund. I never went back.
I thought I was going crazy. Bought shampoo that was like water. Even told my husband it seemed watered down. I wonder if Redken would like to know.
I commented before but want to say I cashed in $53.00 in Ulta money today and triple checked the products. I am done with Ulta. I know this has been done to me and as an RN and a human being I am appalled and absolutely disgusted at the thought of using a make up product that has been on another body. Gross and shameful.
Iโm pretty certian my ulta is shady like this..my store in tracy california seems shady..its dirty a lot of times and takes them forever to restock items..also I see open packages CONSTANLY to the point where I felt I was sold somerhing questionable and returned it saying it seemed used the employee said โoh, ok..yeah sometimes people open things and put them backโ this has led me to recently start check each item I purchase but u a person might not know even if they are checking the items.. Iโve been shopping there for years and have spend much money..and Iโm fairly certian ive been sold used items in the past. This makes me sick. Iโm very germaphobic and dont ever put the โtry meโ items on my face..EVER! Sickening. I have even called the ulta company to report my ulta not too long ago. I want in on this for sure.
This Christmas I bought a make up kit for my granddaughter. How can I know for sure it was brand new? How do you join the class action suit? I still have my receipt
Iโm just sitting here listening to the 5:30 news and Iโm lost for words.
Companies these days will do anything for a dollar. When I think about all the money that Iโve spent in this store and maybe I purchased used products. Iโm furious. I will not let this one pass me by.
I hate to tell but I returned a lipstick because it gave me a rash now Iโm thinking some one probably returned it YUK YUK YUK closing my ULTA credit card.
OH PLEASE ad my concerns, sooooooooo much money has been spent for these (USED) products