Free Cosmetics at major dept. stores

Parent Cafe
1

<p>my dd called to let me know about it. Ran over to Macy’s after work and received a free bottle of skin cream. Here are the particulars:</p>

<p>In re Cosmetics Cases
(Azizian, et al. v. Federated Department Stores, Inc., et al.,
Docket No. 4:03-CV-03359-SBA)</p>

<p>(updated as of December 1, 2008)</p>

<p>As part of a class action settlement, $175 million worth of free cosmetics products will be distributed to members of the class (see below to determine whether you are a member of the class) for a maximum of seven days, while supplies last, on a first come, first served basis, beginning on January 20, 2009. No rainchecks will be issued. The products will be distributed at stores owned by the Retailer Defendants (see list immediately below).</p>

<p>The stores owned by the Retailer Defendants that will be participating in the settlement product distribution are the following:</p>

<pre><code>* Bergdorf Goodman

  • Bergner’s

  • Bloomingdale’s

  • Boston Store

  • Carson Pirie Scott

  • Dillard’s

  • Gottschalks

  • Herberger’s

  • Macy’s

  • Neiman Marcus

  • Nordstrom

  • Parisian

  • Saks Fifth Avenue

  • Younkers

</code></pre>

<p>A class member will be eligible to receive, while supplies last, a maximum of ONE free cosmetics product from one of the Manufacturer Defendants from which he or she purchased Department Store Cosmetics1 during the class period, May 29, 1994 through July 16, 2003, from the list of products below. If a class member has only purchased products, during the class period, from one of the Manufacturer Defendants listed below, then that class member is only entitled to receive a free product from that Manufacturer Defendant. If a class member has purchased products, during the class period, from multiple Manufacturer Defendants, then that class member must choose the ONE free product he or she wishes to claim from one of those Manufacturer Defendants. Again, these products are only available while supplies last, and no rainchecks will be issued. If your store has run out of settlement products from the Manufacturer Defendant(s) from which you have previously purchased Department Store Cosmetics during the class period, then you may claim a product (again, while supplies last) from another Manufacturer Defendant.</p>

<p>The following is a list of the Manufacturer Defendants and their products that will be distributed, while supplies last, through the stores listed above:</p>

<pre><code>* Boucheron (USA) Ltd.:

          Femme Eau de Toilette (1 ounce/30 ml)

  • Chanel, Inc.:

        Coco Mademoiselle body lotion (3.4 fluid oz)

  • Christian Dior Perfumes, Inc.:


        J’Adore Eau de Parfum (15 ml)

  • Clarins U.S.A., Inc. (customers will have a choice of ONE of two products, while supplies last):


        Clarins Energizing Morning Cream (30 ml) OR

        Clarins Beauty Flash Bomb (30 ml)

  • Conopco, Inc. (distributed by Coty, Inc. on behalf of Conopco, Inc.) (customers will have a choice of ONE of three products, while supplies last):

        Calvin Klein Euphoria Bath and Shower Crème (6.7 oz)

         OR

        Vera Wang Princess Body Polish (5 oz)

         OR

         Lovely Sarah Jessica Parker Shower Gel (6.7 oz)

  • The Estée Lauder Companies Inc. (customers will have a choice of ONE of two products, while supplies last):

        Estée Lauder Advanced Night Repair (15 ml/0.5 oz)

         OR

        Clinique Moisture Surge (30 ml/1 oz)

  • Guerlain, Inc.:

        My Insolence Eau de Toilette (15 ml)

  • L’Oréal USA, Inc. (formerly known as Cosmair, Inc.) (customers will have a choice of ONE of eight products, while supplies last):

        Lancôme UV Expert 20

         OR

         Lancôme Cils Design Pro Mascara

         OR

         Lancôme Fatale Mascara

         OR

         Lancôme Courbe Virtuose Mascara

         OR

         Lancôme Primordial Skin Defense

         OR

         Ralph Lauren Romance Shower Gel (6.7 oz.)

         OR

         Giorgio Armani ACM Shower Gel (6.7 oz)

         OR

         Lancôme Hypnôse Shower Gel

  • Parfums Givenchy, Inc.:

         Very Irresistible Givenchy Eau de Toilette (15 ml)

</code></pre>

<p>These are the only products that will be distributed, while supplies last, as part of the settlement product distribution. Not all products are available in all stores; rather, stores will be distributing products from the participating brands that the particular store ordinarily sells.</p>

<p>1Department Store Cosmetics are products which are the full range of high-end, “prestige” or specialty beauty and cosmetic products and product lines, including color products (such as foundation, eye shadow and lipstick), treatments (such as skin creams and moisturizers) and fragrances, and which are sold primarily through department or specialty stores. Cosmetics and fragrance products sold through mass distribution channels, such as drug stores and warehouse outlets, are not Department Store Cosmetics.</p>

<p>To Determine Whether You Are a Member of the Class, Please Read the Following:</p>

<p>You are a member of the class if you are currently a resident of the United States who purchased Department Store Cosmetics in the United States during the class period, which products were made, distributed and/or sold by the Manufacturer Defendants or Retailer Defendants listed below. You are not a member of the class, even though you bought the covered products during the relevant time period, if you fall into one or more of the following categories: all employees, officers, directors or agents (including attorneys) of any defendant, as well as any judge, justice or judicial officer presiding over this matter, and each such person’s immediate family.</p>

<p>The following is a list of the Manufacturer Defendants and the brands sold by the Manufacturer Defendants during the class period as well as the Retailer Defendants and the stores they owned during the class period. Not all brands and retailers listed below will be distributing products as part of the settlement product distribution. The only stores that will be participating and products that will be distributed, while supplies last, as part of the settlement product distribution are listed ABOVE.</p>

<p>Manufacturer Defendants and brands sold by the Manufacturer Defendants:</p>

<p>Boucheron (USA) Ltd.: Boucheron, Sonia Rykiel, Christian Lacroix, Paul Smith, Issey Miyake, Jean Paul Gaultier</p>

<p>Chanel, Inc.: Chanel Colour, Precision Skincare, Chanel No. 1 Collection, Chanel Le Corps Actif, Allure, Chanel No. 5, Chanel No. 19, Chanel No. 22, Coco, Coco Mademoiselle, Chance, Allure for Men, Platinum Egoiste, Cristalle, Egoiste, Pour Monsieur, Technique Pour Homme, Anateus Pour Homme</p>

<p>Christian Dior Perfumes, Inc.: Christian Dior Perfumes</p>

<p>Clarins U.S.A., Inc.: Clarins, Thierry Mugler, Azzaro Paris</p>

<p>Conopco, Inc.: Calvin Klein, Obsession, Eternity, Escape, CK One, CK Be, Calvin Klein Color, Contradiction, Truth Calvin Klein, Calvin, Crave, Latitude Longitude, BCBGirls, Vera Wang, Chloe, Narcisse, Karl Lagerfeld, Lagerfeld Classic, Lagerfeld Man, Lagerfeld Woman, Lagerfeld Jako, KL, Photo, Sun Moon Stars, Cerruti (or Nino Cerruti), Cerruti 1881, Cerruti Image, Cerruti 1881 Amber, Valentino, Very Valentino, Valentino Gold, Vendetta, Elizabeth Arden, 5th Avenue, Blue Grass, Red Door, Sunflowers, True Love, Elizabeth Taylor Black Pearls, Elizabeth Taylor Passion, White Diamonds, Jean Louis Scherrer, Indian Nights/Nuits Indiennes, Visible Difference, Ceramides, Millennium</p>

<p>The Estée Lauder Companies Inc.: Estée Lauder, Aramis, Clinique Laboratories, Inc., Prescriptives, Origins Natural Resources, M.A.C., La Mer, Bobby Brown Cosmetics, Tommy Hilfiger Toiletries, Donna Karan Cosmetics, Aveda, Stila Cosmetics, Jo Malone, Kate Spade Beauty, Laboratoires Darphin, Michael Kors Fragrances</p>

<p>Guerlain, Inc.: Guerlain</p>

<p>L’Oréal USA, Inc. (formerly known as Cosmair, Inc.): Biotherm, Helena Rubenstein, Kiehl’s Since 1851, Lancôme, Shu Uemura, the Designer Fragrances, including Cacharelle, Giorgio Armani, Guy Laroche, Paloma Picasso, and Ralph Lauren</p>

<p>Parfums Givenchy, Inc.: Parfums Givenchy</p>

<p>Retailer Defendants and stores owned by the Retailer Defendants:</p>

<p>Dillard’s, Inc.: Dillard’s, Maison Blanche, Gayfers, J.B. White, Castner Knott, Bacons, McAlpin’s, Lion, Root’s, The Jones Store Company, Joslins, Hennessy’s, de Lendrecie’s, Glass Block</p>

<p>Federated Department Stores, Inc.: Macy’s East, Jordan Marsh, Macy’s West, Bullock’s, Rich’s, Lazarus, Goldsmith’s, Burdines, Bloomingdale’s, The Bon Marche, Stern’s, Broadway, Emporium, Weinstock’s, Abraham & Strauss</p>

<p>Gottschalks Inc.: Gottschalks, Gottschalks Inc., Harris-Gottschalks</p>

<p>The May Department Stores Company: Filene’s, Kaufmann’s, Lord & Taylor, Hecht’s, Strawbridge’s, Famous-Barr, The Jones Store, Foley’s, Robinsons-May, Meier & Frank</p>

<p>The Neiman Marcus Group, Inc.: Neiman Marcus, Bergdorf Goodman, Neiman Marcus Direct, Neiman Marcus Online</p>

<p>Nordstrom, Inc.: Nordstrom, Nordstrom Rack, Façonnable</p>

<p>Saks Incorporated: Saks Fifth Avenue, Parisian, Proffitt’s, McRae’s, Younkers, Herberger’s, Carson Pirie Scott, Bergner’s, Boston Store</p>

<p>Target Corporation: Hudson’s, Dayton’s, Marshall Field’s and Target</p>

2

<p>How on earth do you prove you purchased those cosmetics during those times? Who keeps receipts that far back?</p>

3

<p>Oh, I forgot about that today. I’ll bet our Macy’s is already out. I’ve bought lots of Prescriptives stuff before.</p>

4

<p>no receipts necessary. just print and sign name on a list.</p>

5

<p>Is this still going on??</p>

6

<p>While supplies last–I got a Lancombe sunscreen on Tuesday from Macy’s & a bottle of Clinque moisturizer from Neiman Marcus and Macy’s yesterday. Nordstroms was out on Tuesday. Supplies were running low at the stores yesterday & the two I visited only had “night repair” and moisturizer. A friend got mascara & my sister got shower gel on Tuesday.</p>

<p>There was much more selection on Tuesday. The ones we got yesterday say prominently, “Not for sale,” and are smaller so perhaps they are the promptional size. The items on Tuesday included some that appeared to be small full-size.</p>

7

<p>? What did the retailers due wrong in the first place ?</p>

<p>Well, I use Lancombe but apparently I was too late to the party for this. </p>

<p>But today at Jewel I got a free bottle of cherry SevenUp.</p>

8

<p>Oh well. While it seems like a great opportunity, probaby by the time I get to the store, selection will be limited. Thanks, though for the info.</p>

9

<p>3bm - Only people who purchased a product during that time period were supposed to take advantage of the offer, and even they were supposed to get only one item.</p>

10

<p>The allegations in the class action lawsuit were that the manufacturers and retailers had an agreement that rather than ever discount these cosmetics, the manufacturer would buy the product back from the retailer. Hence, these cosmetics NEVER go on sale. </p>

<p>The estimate at the fairness hearing was that the amount of the damage to the consumers during the relevant period could be over a $1 billion. The settlement used the Manufacturers’ suggested retail price as the fair market value. The cost of production was 8%. The manufacturers and retailers settled a potential $1 Billion claim for $175 million fmv that cost them approximately $14 million to produce. </p>

<p>One might argue that the huge amount of publicity and additional customer flow value of the “give away” easily exceeds $14 Million. Also, the actual number of give away products was so small that it was mathematically impossible for all legitimate members of the consumer class to get even one product. With NO VERIFICATION required, it is an open question how many class members got a product.</p>

11

<p>I got the Estee Lauder night repair at Macy’s on Saturday.</p>

<p>An 85$ value!</p>

12

<p>

</p>

<p>Exactly. My guess is that it didn’t work out as it should have.</p>

13

<p>

</p>

<p>38,000,000 members in the class. There were only products for AT MOST 22% of these class members, if 1) only class members claimed a product and 2) each class member who actually claimed a product got only one product.</p>

<p>The attorney’s fees and expenses awarded class counsel were $24,000,000 which represented a multiplier of 1.69 over the actal fees and expenses.</p>

14

<p>I would have preferred that they be made to make a huge donation to charity - meaning donating money, not product and with no tax credit for the donation. The people who bought the products to start with don’t need free cosmetics. What am I saying - no one needs free cosmetics.</p>

15

<p>The settlement has a cy pres agreement under which the unclaimed high-end cosmetic products, if any, are given to “the needy.”</p>

<p>It is at least arguable that by using a cy pres based upon the products (rather than cash), the manufacturers can get favorable tax treatment as to unclaimed products as a charitable donation.</p>

16

<p>I was thinking the same thing 07Dad because I had read that extras would go to charity.</p>

17

<p>07dad, I’m not disputing those facts. My point was that the intent was not for people to run around to every possible store to get what they could. That’s the problem with settlements like this, they rarely benefit those in the class. Actually, that is usually the case with any class action suit. The lawyers make out like bandits, however.</p>

18

<p>alwaysmom–I am not disagreeing with you.</p>

<p>But everything you and cartera45 and I have identified was pointed out at the fairness hearing before the district judge who ultimately approved the settlement and on appeal to the Ninth Circuit court of appeals, which affirmed the settlement.</p>

19

<p>lol, we could have gathered up all our gift-with-puchase makeup bags to prove we were in the class group.</p>

20

<p>LOL, cottonwood! I just tossed a couple of those “free” cosmetics cases form ages ago.</p>