February 15, 2018

Makeup News Brief: Ulta Lawsuit, Kat Von D’s X Divine Eyeshadow Palette, and More!

Good Morning! Happy Hump Day! It’s been a crazy week not only in my real life but also in my beauty one as lots has been going down.

One of the top stories of the month was the fact that news broke that Ulta is reselling used makeup which I told you about late last month. The issue has escalated into an actual lawsuit at this point. As you already know a former employee alleged that while working at Ulta she was taught how to sterilize and repackage returned makeup items and pop them back on the shelves to resell to unsuspecting customers. Hello gross! This was all speculation until recently when not one but two lawsuits were filed against Ulta alleging that the employees do indeed clean of and resell used makeup as new.

Ulta customer Meghan Devries of Illinois filed the most recent lawsuit which claims that Ulta “has a routine practice of repackaging and resealing beauty products that have been previously purchased, used, and returned… before returning those used products to its shelves to be purchased by other consumers.” Last month, an LA-based woman also filed a similiar lawsuit.

I’ll be following this news very closely because I’m quite curious if they will win these cases. It would be mighty difficult to prove something like this so I’d love to see what sort of evidence is presented in the case.

In other news, Kat Von D x Divine Eyeshadow Palette launched yesterday which contains eight stunning shades inspired by Divine’s iconic look. Any girl or guy who grew up watching John Waters movies knows the exact look this palette is going for. With the sheer amount of nude, natural eye palettes launching lately I’m sure makeup lovers who adore color are breathing a collective sigh of relief that finally someone is launching some bold, vibrant shades! Kat’s calling it super-limited edition but it is still very much in stock and available on her website. However, I’m sad to say the matching lipstick shade in Divine, a honey nude, has sold out. Let’s hope that comes back in stock soon as it looks, pun intended, divine!

And the most important news of all! Lindsay Lohan may have forgot how to speak English but she still knows a thing or two about makeup. Apparently she has a new makeup and fashion line in the works.

“I love lipstick, but I love using lipstick as blush,”� Lohan tells W of how she plans on customizing her upcoming line. “But if I have a cream blush, I want to be able to use it on my lips and not worry about breaking out after. So, I developed one.”�

News flash though, multitasking products especially lipstick and blush hybrids aren’t exactly innovative but I’m game to try anything once. Maybe she’ll create some groundbreaking lipstick blush hybrid we can’t live without.

And that’s your makeup news in a minute!

About the Muse

Isabella MuseIsabella is just an average everyday geeky girl who doesn’t blend her eyeshadow correctly, wears too much blush, and hopes she never finds her holy grail products because she likes the thrill of the chase so much. Her mission is to bring you super honest reviews on makeup, skincare, fragrance and all things beauty. She’s in no way an expert on the topic and she sure as hell isn’t a super model. But she’s passionate about makeup and is seeking like-minded individuals that like pina coladas, getting caught in the rain, and ones that enjoy spending hundreds of dollars at Sephora without feeling buyer’s remorse. If you’re that person feel free to reach out and leave a comment or follow me on Facebook, Instagram, Twitter, and Bloglovin‘.

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Comments

  • Deb

    I might be in the minority here but I don’t think you should be able to return makeup or any kind of personal use item. Unless it’s clearly defective at which point it should be mandatory that’s its chucked in the bin. That would solve this issue once and for all. I think it’s encumbent on the consumer to live with their decision to purchase something. And if you buy the wrong color or whatever, that’s not on the retailer.

    If you buy food from the grocery store and don’t like the taste, you don’t get to return it.

    • Isabella Muse

      I think for a long time about 10-15 years ago maybe longer the return policy on used makeup was a bit stricter. It’s only been more recently that places like nordstrom, sephora, etc were a bit more generous with makeup returns. I agree. I’ve seen people return bikinis and I always kind of raise a brow at that. Ok, the top is fine but the bottom I’m sort of gross out about. I should hope it isn’t going back on the shelf. I’m torn because in some ways I totally agree but in other ways I’m like, “Well it is nice to have the option to change something that doesn’t work for me”

      • Deb

        It is nice to have that option, and it would be wonderful if everyone did that only when necessary. But sadly people abuse the system, and according to these Ulta employees the retailers can’t be trusted either. So once again, this is why we can’t have nice things. Because a few bad apples and all…

    • Autumnal_Equinox

      I’m sorry, but I respectfully disagree. Unless someone is lucky to be able to spend money freely, then *yes* you should be able to return an item that you know you will not use and get your money back. When one shops on a budget, you don’t have the luxury of keeping, say a $50 beauty item, that will just sit on your shelf collecting dust, when you can return that item, get the money back, & be able to use that $50 toward something necessary.

      And as for grocery stores…. First of all, all (or 80%-90%) of the grocery stores near me (and I live in the Washington DC metro area) allow returns for products that do not live up to consumer expectations. So, yes, you *do* get to return it. Secondly, again, I disagree; when that money received from the return can go to another food item that will actually be eaten, then yes you should be able to return it. Unfortunately some people really do count every cent, when it comes to grocery shopping (not just beauty items).

      Again, I am just saying that I respectfully disagree. But, when money is not unlimited, money received back from returns can really help your wallet.

  • kjh

    This is kvd exclusive, as in no Sephora? I missed pastel goth, and REFUSE to miss Divine. Big John Waters person here! Balto has so much going for it…John Waters, the Wire, Pelecanos, a magnificent aquarium, blue crabs, etc.

  • Susan

    The Ulta lawsuit issue is interesting; thanks for the post. While I in no way excuse anything shady or unsanitary that Ulta or any other retailer does, I think it behooves consumers to be careful and responsible when they make purchases. That is, don’t treat the entire store like your own giant personal tester or return most of what you buy on a whim or because you wore it once for a special occasion and now want your money back. That increases costs for stores, which in turn are passed on to other consumers.

    While I certainly understand wanting/needing to return something occasionally, it should not be a constant thing. Research before you buy, read reviews, use testers where available. I think stores should flag “constant complainers” and limit their returns. YMMV

      • Susan

        I didn’t know that, thanks! Like Deb above and you said, a few bad apples, why we can’t have nice things, why stuff is so expensive, etc.

        • Krastins

          The saying “a few bad apples” finishes with “…spoils the whole barrel.” If they’re repackaging (as in, passing it off as new), I wouldn’t trust a whole lot on their shelves. Disgusting.

          • Magenta Wilde

            I wonder what the breakdown is in terms of a product’s value: How much of that price tag covers ingredients/formula, marketing, design, and losses due to theft/returns, etc.

  • Sarah

    I don’t really expect much to come of the lawsuit but maybe it will create a push for tamper proof packaging on cosmetics. If places like Ulta want to have generous return policies that’s fine but they should only be able to restock and sell items that haven’t been opened, and the only way to prove that would be tamper proof packaging (something some drug store brands already do).

  • Deb

    I feel like their official return policy is to make the company look good to customers. Then they punish the managers for having tons of returns. They brought this on themselves.

  • Maddie

    I live in Australia and the only return you can get is if it’s in its original packaging and unused. It means that if you buy it and don’t like it you’re stuck with it whic h I find a tad unfair as you may have paid a lot for something you may not be able to use. There needs to be a fair balance.

  • Michele Grounds

    My dad of all people came to me last night that in the local newspaper for the Ulta in my town had been called out for reselling makeup. I read your prior post but this recent article supports what we have been reading. I have never experienced this at my local Ulta and in fact they are really nice and friendly and have never had any makeup appear to be used, touched or fixed but this doesn’t surprise me with the fact you can return almost anything which can be quite expensive for companies. Ulta’s headquarters apparently have been giving the direction to the stores, now they are going to have to fix the PR mess they have and the practice to ensure they don’t lose customers, it’s unsafe and there is no excuse. It won’t stop me from going to Ulta but I will be extra cautious, I don’t think Ulta is the only “beauty” store doing this, they just got caught.

  • CL

    I think it’s way too late for someone like Lindsay Lohan to start a successful makeup line. It’s like the old “Simpson’s” line about designer jeans: “They saw an overcrowded market, and said ME, TOO!” She undoubtedly thinks she can become extremely rich by doing this, but I’ll bet it will be a huge failure.

    • Isabella Muse

      she’s apparently big in Dubai lol! Maybe she can break into that market!

      • Sheree

        She is big in Dubai because she’s, umm…providing certain “services”�.

  • Magenta Wilde

    I do think store return policies can be abused, but instead of just accepting returns without question, get the name or the perks card number or whatever of the person returning the item and add it to the system. If they make too many returns, flag them and refuse it. It might not fix everything but it might cut some abuse. If I buy something and hate the color I deal with it (except in one case where I truly loathed a nail polish because it did not look the same outside the store vs. inside under the fluorescent lighting), but if I have a reaction to something or it turns out I hate the scent, and I couldn’t test/sniff it in store, I want the option to return it. That said, I make it a point to not return things willy-nilly. Higher-end stores at least have a lot of testing options so I have no need for returns, and in drugstore-land, it’s an exercise in creativity. If that lipstick isn’t right for me, I mix it with others for a new shade I like, etc.
    And one last thing: manufacturers need to seal their products! I am in complete shock how many times I’ve looked at a lipstick and been curious about the color and then you pop off the lid and all four remaining shades in that color are dinged or smeared. Seriously, fix that!

  • Karen

    I recently returned a foundation to Ulta. I bought the color they matched to me. She was so sure of herself, and young. When I got home I laughed because it was so far off. I noticed lately that the Ulta staff is not well trained and many of them do not know the products. A purchase based on their color match should always be able to be returned. I have a Sephora two miles from ULTA and they are very informative , you can tell they truly love make up. ULTA is three times as big and has a ton more brands. ugh!!!

    • Isabella Muse

      I’ve had this problem in Nordstrom too so believe me it isn’t isolated to Ulta. Nordstrom has a lot of MAs that are a bit inexperienced!

  • Sonia

    As someone who has received a Stila Kitten pot eyeshadow that had been nicked by a nail, I can confirm that Ulta does seem to resell used makeup. I didn’t bother returning the item or contacting customer service because I bought it from their sale section..it was cheap as chips and not worth the effort.

  • Janki

    I have to respectfully disagree on blaming the “bad apples”� who over return. Returning makeup is now standard in most retailers both drugstore and high end. These stores have huge enough profit margins that they can just eat any loss from the occasional return.
    I do know Sephora will flag you if you have too many returns and may not allow future returns (per their beauty insider policy). It’s a small portion of folks who go to the trouble of returning products.
    Personally I love returns because it allows me to be the judge over time vs getting duped by an inexperienced or overzealous sales associate. I’m a deeper skin tone and sometimes shades work in the store then I go home and see I’m a orange or ashy mess!
    This Ulta lawsuit could be class action. I think it’s interesting that we are entering an era of employees being willing to speak up when they see wrong doings.

    • Isabella Muse

      I’m actually not against returns completely I just think people use and abuse the situation. If you have a valid reason for return that’s fine but if you’re doing a major haul and feeling guilty about it later that’s your problem not that of the store. Yes, there’s a huge profit margin but believe me if enough people take advantage of the situation they can put a store under water. A return here or there is fine but overzealous returning is not cool in my opinion.

  • Dee

    I have returned items that arrived damaged in the mail and a few drugstore items where there is no tester. Drugstore prices are going up and if there is no way to test a shade before purchasing a foundation I have no problem returning a product if the shade is wrong . I also got shade matched at ULTA for Lancôme stick foundation and laughed when I got home and saw how bad the color was on me. But I return cosmetics items very rarely. I do think some customers take advantage of return policies but that’s no excuse for cleaning off and then reselling returns.