Is Ulta Repackaging and Reselling Used Makeup to Consumers? A New Lawsuit Says Yes

A new lawsuit filed in Chicago last week alleges that beauty giant Ulta has been repackaging and reselling used makeup to its unsuspecting customers for years.

Attorney Zimmerman represents Meghan Devries, a Chicago woman who works in the beauty industry. She became suspicious about some of the products she purchased from Ulta.  A woman claiming to be a former Ulta employee first brought the allegations to light in early January. Posting under the Twitter handle @fatinamxo, she wrote that whenever a customer returned a product, employees were instructed by Ulta to repackage or reseal the item and put it back on the shelf for sale. This practice, she said, included everything from makeup to hair and skin-care products, fragrances and hair styling tools.

She said that makeup palettes, for example, were cleaned up so that they looked new and returned to the shelf for reselling, unsanitized. She then shared screenshots of other Ulta employees making the same claims. Those tweets were cited in the class action complaint (pdf) Zimmerman filed in Cook County, Ill., last week. The suit also cites the claims of former employees that Ulta has a limit on how many returned items can be thrown away. “Managers will take used products out of a damaged bin, and if they look good enough to resell, they’ll put them back on the shelves and resell them so they don’t exceed their quota,” Zimmerman told ABC7.

He said that some of the products purchased from an Ulta store on North Michigan Avenue in Chicago seemed to have been previously used, including eye shadows missing a brush and face cleansers that were already open. Those products, he said, could have pathogens on them that remain for weeks. “There is E. coli and Klebsiella bacteria, which is commonly found in intestine and expelled with fecal matter,” Zimmerman said.  Zimmerman told ABC7 that the goal of his lawsuit is to change the alleged company practice that limits the number of items that can be thrown away, as well as to provide compensation for customers who may have bought used products.

NYX IS IN WALGREENS NOW!

In my makeup kits I have quite a few NYX tools to work with.  But now I will be able to find it in Target for purchasing.  NYX Cosmetics is one drugstore makeup brand that’s been a staple for anyone obsessed with beauty—and on a budget—for years. Both beauty bloggers and professional makeup artists rave about the brand’s innovative products and love that the company has kept its prices low, even as its range has expanded. But even if you’re the first to snatch up every NYX product the second it launches, how well do you really know the brand?  That was old news for a few years back but now Walgreens is offering NYX at there stores now!

NYX Cosmetics is one drugstore makeup brand that’s been a staple for anyone obsessed with beauty—and on a budget—for years. Both beauty bloggers and professional makeup artists rave about the brand’s innovative products and love that the company has kept its prices low, even as its range has expanded. But even if you’re the first to snatch up every NYX product the second it launches, how well do you really know the brand?

“We are pleased to offer NYX Professional Makeup products to our beauty customers as we continue our journey to become America’s most loved beauty destination,” stated Lauren Brindley, group VP and general merchandise manager, Walgreens. “NYX Professional Makeup products are known for exceptional quality at affordable prices, and new products and experiences are key to our ongoing transformation in this area.”

In addition to carrying a selection of NYX Professional Makeup products, select Walgreens stores will also offer testers for NYX Professional Makeup, L’Oreal and Maybelline branded products by the end of the year.

And thats The Real Hair Truth my friends!  Love this makeup line. It works very well for all photo-shoot climates and filming.

Joseph Kellner

 

GIB LLC, aka Brazilian Blowout Slapped on the hands by the Feds!

 

Here is the settlement!!!!!  Of course in my beauty industry you wont see this in a trade magazine, or posted by the any so-called industry website! Because it’s all about money. Advertising dollars are what sustain beauty industry publications, and independently owned websites. Behindthechair.com is owned by Loreal, and Hairbrained.me is an independently owned website. Advertising dollars are what sustain these entity’s. Modern Salon is owned by Vance Publishing Corp, and it goes on and on. Why would they write anything negative or truthful about the industry when they can potentially get the money from a manufacturer to have them buy future advertisement in their magazines or websites. It’s not about protecting you as a professional or informing you in a neutral way. It’s all about the coporate dollar, Not your health! The professional beauty industry preys on the non-educated, just like the cosmetic industry preys on the non-educated consumer.

The settlement requires GIB, LLC, which does business under the name Brazilian Blowout, to cease deceptive advertising that describes two of its popular products as formaldehyde-free and safe. The company must also make significant changes to its website and pay $600,000 in fees, penalties and costs.

“California laws protect consumers and workers and give them fair notice about the health risks associated with the products they use,” said Attorney General Harris. “This settlement requires the company to disclose any hazard so that Californians can make more informed decisions.”

Today’s settlement is the first government enforceable action in the United States to address the exposures to formaldehyde gas associated with Brazilian Blowout products. It is also the first law enforcement action under California’s Safe Cosmetics Act, a right-to-know law enacted in 2005.

In November 2010, the Attorney General’s office filed suit against GIB, LLC for violating five state laws, including deceptive advertising and failure to provide consumers with warnings about the presence of a carcinogen in its products.

The settlement covers two products used in a popular salon hair straightening process, the “Brazilian Blowout Acai Smoothing Solution” and the “Brazilian Blowout Professional Smoothing Solution”.

The complaint alleged the two products contained formaldehyde but were labeled “formaldehyde free.”
Proposition 65 requires businesses to notify Californians about certain exposures to chemicals in the products they purchase. Formaldehyde is on the Proposition 65 list of chemicals known to cause cancer.

The complaint alleged that that GIB – the manufacturer of the Brazilian Blowout products – did not inform customers or workers that formaldehyde gas was being released during a Brazilian Blowout treatment, and therefore product users did not take steps to reduce their exposure, such as increasing ventilation. Under the terms of the settlement, GIB is required to:

– Produce a complete and accurate safety information sheet on the two products that includes a Proposition 65 cancer warning; distribute this information to recent product purchasers who may still have product on hand; and distribute it with all future product shipments. The revised safety information sheet — known as a “Material Safety Data Sheet,” or MSDS — will be posted on the company’s web site.

– Affix “CAUTION” stickers to the bottles of the two products to inform stylists of the emission of formaldehyde gas and the need for precautionary measures, including adequate ventilation.

– Cease deceptive advertising of the products as formaldehyde-free and safe; engage in substantial corrective advertising, including honest communications to sales staff regarding product risks; and change numerous aspects of Brazilian Blowout’s web site content.

– Retest the two products for total smog-forming chemicals (volatile organic compounds) at two Department of Justice-approved laboratories, and work with DOJ and the Air Resources Board to ensure that those products comply with state air quality regulations.

– Report the presence of formaldehyde in its products to the Safe Cosmetics Program at the Department of Public Health.

– Disclose refund policies to consumers before the products are purchased.

– Require proof of professional licensing before selling “salon use only” products to stylists.

GIB will also pay $300,000 in Proposition 65 civil penalties, and $300,000 to reimburse the Attorney General’s office fees and costs.

Salon Voices Review of “The Real Hair Truth”

 

Being pampered is one of the major draws of the salon experience.  However, feeling like your service was catered especially for you is priceless.  The more you know about someone, the better you can customize your services to fit their needs.  

Joseph Kellner makes some strong relevant points in Real Hair Truth.com and gives some very helpful tips for developing a rapport with a client through active listening.  Engage your customer with open-ended questions to elicit a more detailed response.  As they respond, make sure you pay attention to what they are saying.  Do not assume that you understood everything they said.  Always restate their answer to make sure there is no miscommunication.

Once you figure out your clients individual needs, you become a more effective seller of your products.  As you are doing their hair, you can explain how the products work.  By having knowledge about the product and seeing immediate results, the client is more likely to purchase the product for their personal use when they cannot make it to the salon. 

Personalizing the promotions you offer can also boost customer retention.   One of Joseph Kellner’s motto’s for great customer service is “discovering new ways to delight the ones you serve.” Let’s say you have a client that is a teacher, you could give them a public servant discount.  Working in the school system allows your client to be exposed to all sorts of people in the community.  When they mention to others that your salon supports teachers, that helps solidify your brand as one that gives back to the community. 

Salon Voices is the leader in Social Networking Operations and Reputation Management focused on salons. The challenge of promoting your salon’s accurate images rests in your hands. Salon Voices delivers the true face of your hard earned reputation to your current and potential customers. Salon Voices combines social networking reviews with confidential insight from your regular and consistent customers to give you a concise analysis of your business. For more information visit http://salonvoices.com.

KEY IDEAS FOR CONSISTENCY FOR 2010

THE REAL HAIR TRUTH

Recession rewards those who are nimble, not those who analyze and ponder until the opportunity passes them by.

If your organization is drifting into these bad practices, you need to make changes right now.

Delivery of new products and new services to existing customers.

Creation of the perception of increased value and worth.

Strong public and community image.

Strategic initiative to plan for inevitable upturn, no matter when it occurs.

Daily efforts to build trust, confidence, and interaction with CUSTOMERS.

Development of new markets for existing products and services, including global markets, even for smaller businesses.

Paying local and smaller suppliers first, to help keep them in business and become their priority customer.

Creation of banking relationships, credit lines, and financial reserves.

Industry/professional leadership, assuming a visible and assertive role and becoming leaders in discussing conditions and solutions.

Constant presence in the customers’ eyes through all available media which are relevant!

ENTHUSIASM – DETERMINATION – ATTITUDE – RELATIONSHIPS

josephkellner.com
josephkellner.com

 

In all the years I’ve been in the salon, teaching, and mentoring: I’ve observed those who have been successful and those who have missed the mark. I discovered with all of my years in my profession that there are several key elements – or ‘RULES TO LIVE BY” that ring true to being successful in your profession.

1. ENTHUSIASM – Have a true passion for what you do and truely believe in the workmanship and the products you use to perform your craft. Before you sell to a customer anything, you have to sell the person on YOU!!!
You are the first thing they will “buy” before making a purchase.

2 Determination – Winston Churchill’s greates speech was, “never, never, never, never give up!” Be determined to not throw in the towel when things get tough. Remember the overnight sensation is the exception and not the Rule.
Be patient, and persistent. Find a way to make it happen when you reach obstacles. Go around, over, under or through to reach your goals.

3. Attitude – You can do everything wrong and win with the right attitude! Learn to roll with punches when things don’t go the way you think they should. Prepare for all the PEAKS and Valleys. Learn to laugh at yourself and don’t beat yourself up for your mistakes. Embrace your mistakes. Learn from them and move on. Don’t be afraid to ask for help when you need it – sometimes doing it all by yourself is not the way to go.

4. Relationships – People like to do business with the peopl they like!! This is a big one. Get to know your clients and what they value. Treat people as if they have a invisble sign around their the neck saying “MAKE ME FEEL IMPORTANT” Building relationships is SO key in giving you repeat business and building customer loyality. Remember that it costs more money to get a new customer than to keep one you already have.
JOSEPHKELLNER.COM