The lawsuit, filed last month in a federal court in Chicago, seeks class-action status over what it claims is Ulta's "widespread and surreptitious practice" of repackaging returned cosmetics and mixing them back on the shelf to sell at full price with unblemished products.
"Every customer who has purchased cosmetics at Ulta since this practice began was put at risk of unwittingly purchasing used, unsanitary cosmetics and this risk reduces the desirability and value of all cosmetics sold by Ulta," the lawsuit alleges.
The lawsuit was brought by Kimberley Laura Smith-Brown, a Los Angeles woman who said she bought dozens of cosmetic items, including eyeliner, mascara and, most recently, lip balm, at an Ulta store in Sherman Oaks over the past six months — before reports of the alleged practice of reselling used makeup surfaced last month on social media.
"We are aware of the lawsuit, and intend to vigorously defend against the allegations," Ulta Beauty spokeswoman Karen Twigg May said Friday in an email. "Our policies, training and procedures are aimed at selling only the highest-quality new products in our stores and online. The health and safety of Ulta Beauty guests is a top priority, and we strive to consistently deliver an optimal experience every time they shop with us."
