McLaughlin & Stern Files Class Action Against Ulta for Selling Used Cosmetics to Unsuspecting Consumers

On January 26, 2018, New York-based law firms Wolf Haldenstein Adler Freeman & Herz and McLaughlin & Stern filed a nationwide class action lawsuit against Ulta Beauty, Inc. ("Ulta") (NASDAQ:ULTA) in the United States District Court for the Northern District of Illinois. The Complaint alleges that Ulta engages in a company-wide practice of re-selling beauty and make-up products that were previously used and returned by other Ulta customers. The case is Kimberly Laura Smith-Brown v. Ulta Beauty, Inc. 1:18-cv-610 (N.D. Ill.).

The suit alleges that for years Ulta has secretly restocked used cosmetics, including makeup. Customers have no way of knowing whether the makeup or cosmetic supplies they buy are new or have been used by other people before them. For example, returned products like mascara and foundation are put back on shelves to be re-sold to unwitting customers. Other products like shampoo or lotion are simply wiped down to make them look new, even though other customers have already taken them home and used them.

This case seeks to require that Ulta stop its practices immediately, retrain its staff, and refund to customers all the money that may have been spent on used, dirty makeup and cosmetic products sold as new. At this time, the case is represented by a plaintiff from California, but plaintiff and her attorneys believe that this practice has been widespread throughout the United States. If you are interested in speaking further with us, we encourage you to do so.

A copy of the complaint is available upon request. Counsel can be contacted at:

McLaughlin & Stern LLP
Wade C. Wilkinson, Esq.
260 Madison Avenue
New York, New York 10016
(212) 448-1100


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