Even when the economy is iffy, women buy lipstick.

Mary Kay Inc. reports that lipstick sales for the first six months of 2008 is up 60% over the same period in 2007.

“That tells me that more women are buying lipstick during these tough economic times,” said Rhonda Shasteen, Mary Kay’s senior vice president of corporate brand strategy.

“A woman needs something positive to brighten her day, and a $10 or $15 lipstick will do that,” she said.

Crayton Webb, spokesperson for Mary Kay Inc., described the women involved in the incident as positive and upbeat.

“That is indicative of the Mary Kay women,” said Mr. Webb

Oh brother.

How incompetent does a worker have to be to reverse the direction of an escalator when there are people on it? Makes you wonder if he just wanted to get his jollies watching these women topple.

Hmmm…how “positive and upbeat” will these women seem if they file a lawsuit for negligence?

Date Joined MK : 2005

When Left MK or Still Active?: Still active and loving it!

Initial Inventory Purchased: None

How were you recruited?:

As a personal use consultant, I later decided to work my business and it was one of the best decisions I ever made!

Memorable experience you had in MK:

There are so many… I guess I would say my 1st $400 class! Or getting my 1st team member!

What did you learn from MK?:

So many things… self-donfidence,[sic] courage, friendship, loyalty… there are so many wonderful things and I keep on learning!

What are you doing now? :

I work full time and work my Mary Kay business part time and it is fabulous!

Additional Comments:

I am sorry that many of you have had negative experiences, but just remember that most of your experiences were with misguided people, the values and success that this company fosters in its consultants is, unfortunately, not what you experienced.

The book, which contains Mary Kay Ash’s words of wisdom on running a business, has been updated to include a forward written by her grandson.

I appreciate your website as well as others who feel the same as I do. I was invited to a MK meeting/skin care. Was made to take off personal makeup to try MK products. I looked terrible/like a stuffed pig, colors were not for me. When the meeting leader showed me a huge case of products that she unrolled,retail to me over $200, I guess I gave her the impression I was not interested, she slammed it on the table.

I was told the next step was to have a personal meeting with the consultant who invited me there. I did meet at her home. She gave me a makeover, much like the one at the meeting. This lasted 2 hrs, when applying the makeup was only supposed to take 15 mins. Needless to say I never purchased MK products & ran as fast as I could from there. It was all very CREEPY!

P.S. There was a story in my local paper this week about a lady who was picking up her pink cadillac. She had been getting a new one every few yrs for 30 years. I guess it is possible to do that, although I wonder what the numbers actually say, & at what expense to others.

Thanks,

Marie

Date Joined MK : 2007

When Left MK or Still Active?: Still Active

Initial Inventory Purchased: none

How were you recruited?:

I researched them and signed up

Memorable experience you had in MK:

My first sale!

What did you learn from MK?:

Tons of stuff: money management, getting over fear, tracking using forms, goal setting, dreaming big, customer service, being in business for myself, leadership, follow-up, setting priorities, etc.

What are you doing now? :

Proudly I am still teaching Mary Kay skincare and cosmetic application.

Additional Comments:

For all those people who have negative things to say about this company, I find that sad. For some people they do need or like praise for their success. The ‘fake it till you make it’ quote is actually in many books as to raise your self-esteem and confidence. Everything Mary Kay has taught us and written in her books has taught many many people how to be in business for themselves and she has recieved many awards for her knowledge and heart. For the people that wish they had more knowledge on the company- that is your own fault you didnt do the research- maybe all you who spoke so mean about this company really do not have what it takes to have your own business but dont blame a company for that, accept that instead.

The consultant spies a woman in the cosmetic department of the local Wal-Mart, for instance, and casually comments on her lovely skin. The consultant then tries to get the woman’s name and phone number so that she can set up an appointment with her to “try Mary Kay products” or be a “face model” at a girls’ night out, which is really a Mary Kay sales meeting.

I don’t know many consultants who were ever really good at this. Most tried it a few times and gave up because of the negative responses they received. Many people couldn’t stand approaching people in a way that they, themselves, would find irritating and offensive. (Hmmm…sounds like the Golden Rule to me!)

I know of several consultants who got thrown out of the mall or the drug store for “warm chattering.” Some of them were actually surprised that the businesses would do that. They didn’t think they were doing anything wrong.

Why would they? Mary Kay Inc. produced at least one video that I saw showing consultants how to properly warm chatter.  The one I remember featured two women in the greeting card isle of a grocery store. Woman A is picking out a card. MK Consultant Woman appears, wheeling her cart down the isle and stops to look at the cards. Consultant Woman glances over at Woman A and makes some conversation starter regarding the cards, then offers her helpful card suggestion. Somehow this syrupy, unbelievable nonsense leads to Consultant Woman talking about Mary Kay and getting Woman A’s phone number. The video continued, showing how to book Woman A for a facial, then turn it into a class, etc.

Here’s the problem: Warm Chattering is Soliciting.

That “No Soliciting” sign in the window of the store means no warm chatter. No trying to solicit business for yourself on the premises of another business.

That’s all there is to it.

If you’re a consultant, be advised that you can be asked to leave a store for this.

If you’re an unsuspecting shopper and you get caught in one of these “warm chattering” incidents, politely tell that Mary Kay consultant that she is soliciting, then find a manager and report her.

After reading info about the talc in Mary Kay and the dangers of it, will Mary Kay take my used products back and give me a refund? I’ve only see the product replacement online. I just ordered several of the new “mineral” eye colors and have been using them. Will they take them back? Where on Mary Kay In Touch do I request a refund?

I thought this was a good question. After all, Mary Kay Consultants are customers of the Company too. Its biggest customer, in fact.

Some former and current Consultants have told me, however, that Mary Kay Inc. doesn’t consider the Consultant to be a customer. Apparently Mary Kay Inc. frowns upon, perhaps actually disallows, the return of a Consultant’s personal-use products. As a result, many Consultants have used one of their customer’s names or that of a family member on the Product Replacement form.

Perhaps the Consultant is expected to write off the cost of such products, chalking it up as a loss for their business, just as they do with the full-size products that they are encouraged to use as demonstrators at classes and appointments.

Can Mary Kay Consultants return products that they try and don’t like? Can they take advantage of the 100% satisfaction guarantee that Mary Kay promises? I don’t know.

While some were run of the mill, there were several that were significant:

1. The Webers deny that their conduct in running Touch of Pink Cosmetics contituted, and continues to constitute “passing off.”

Mary Kay Inc. claims that Touch of Pink Cosmetics confused or deceived customers into thinking that they were affiliated with Mary Kay Inc.  Basically, “passing off” is an unfair competition theory that says a defendant is representing themselves in a way that the consumer wrongly believes that they are dealing with the plaintiff’s company.

Mary Kay Inc. will have to prove that Touch of Pink represented their business in such a way that consumers may have thought they were purchasing products directly from Mary Kay Inc.

2. The Webers deny that their conduct infringes on the Mary Kay trademark and that these actions were willful.

They are denying that they used, without authorization, registered marks of Mary Kay and did so knowingly and deliberately. This trademark infringement allegation is a biggie and could have implications for others selling Mary Kay products on eBay and their own sites.

3. The Webers deny that their conduct constitutes unfair competition and trademark infringement under Texas law.

Another one to watch closely.

4. The Webers deny that they have willfully and knowingly subverted the Mary Kay direct sales model by improperly obtaining Mary Kay products by interfering with Mary Kay contracts (with the Consultants.)

By soliciting Consultants to sell inventory to them, Mary Kay Inc. claims that Touch of Pink Cosmetics has interfered with their sales structure.

So those are the biggies I’m going to watch. If Mary Kay Inc. can prove these allegations, it will not only make the Webers unhappy, but it will effect other Mary Kay inventory liquidators as well.

There aren’t any surprises in the response from owners Amy and Scott Weber. The Webers deny most of the allegations set forth by Mary Kay Inc. or state that they are “without sufficient information to admit or deny the allegations.”

Some Allegations That Touch of Pink Cosmetics Admits To:

1. That Amy Weber was previously a Mary Kay Consultant and that she was terminated by the company on September 17, 2005.

2. Scott and Amy Weber admit they advertise and sell Mary Kay products on the Touch of Pink website, but deny they are required to have the authorization of Mary Kay Inc. to do so. 

3. Scott and Amy Weber admit they advertise and sell Mary Kay products on eBay, but deny they are required to have the authorization of Mary Kay Inc. to do so.

4. They admit that Amy Weber is no longer a Mary Kay Consultant

5. They admit that Touch of Pink Cosmetics does not purchase inventory directly from Mary Kay Inc.

All these admissions don’t add up to much.  And I wouldn’t expect them to. The Webers, like any defendent, will only admit to the things in the lawsuit that they know to be absolutely true. Mary Kay Inc. has the burden to prove all the allegations in the lawsuit.

Some Allegations That Touch of Pink Cosmetics Denys:

1. That through the Touch of Pink website and eBay store, the Webers unlawfully mass market Mary Kay products across the globe.

2. That the Webers are required to have the authorization or consent of Mary Kay to use the Mary Kay name to describe the product for sale.

3. The Webers deny Mary Kay Inc.’s assumption that Touch of Pink purchased products from consultants unlawfully by inducind consultants to buy products from Mary Kay Inc. and then sell to Touch of Pink, in violation of the consultant’s Beauty Consultant Agreement.

4. That by advertising Touch of Pink online, the Webers have created the false impression in the consumer’s mind that Touch of Pink Cosmetics is affiliated with Mary Kay Inc.

That’s just a brief list.

But there are some significant allegations that the Webers deny.

More on that in my next post.