PinkLighthouse.com

A reader named Mary contacted me with this interesting question:

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.

As I said in my last post, Touch of Pink Cosmetics denied many of the allegations put forth by Mary Kay Inc. in the lawsuit.

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.

Touch of Pink Cosmetics filed their response the the charges alleged by Mary Kay Inc. in their lawsuit filed May 7, 2008.

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.  Read more »

Your Name: Sara

Date Joined MK : October 2007

When Left MK or Still Active?: Still Active

Initial Inventory Purchased: $1800

How were you recruited?:

I was looking for someone who sold Mary Kay for years, and then I ran into someone on the train. She invited me to come to a Beauty Center, and I did. I loved the facial, loved the idea, and signed up.

Memorable experience you had in MK:

When I heard my Senior Director’s story about how much Mary Kay has changed her from being a tomboy to a soon-to-be-National Director. I could really relate to her experiences in childhood. Read more »

I received this email from a visitor named Kristen. I think you’ll find it entertaining. I did.

I found your site while looking for a place to complain . I just had my introduction to Mary Kay products trying the mineral makeups. I am NOT impressed!

I purchased a new mineral eyeshadow, and when I opened it to excitedly use my new shade, I find a PUNY portion in a VERY MISLEADINGLY sized container! PLUS, the eyeshadow is not made to adhere within the container. There is NOTHING to hold it in!!! I suppose you’re supposed to remove it and use it for their new compact. I find this a CHEAP marketing ploy. I don’t WANT to buy that compact, and now I have my insultingly small eyeshadow fall out EVERY freaking time I open it. I just know one day it is going to fly out of that stupid container, hit my wall, and shatter all over my carpet- and I want to send Mary Kay my carpet cleaning bill!! Either that or I need to get better at catch… Read more »

Usually the comments we get from those currently in Mary Kay are, shall we say, less than kind. But I received this the other day and thought you should see it.

I am a 3 time breast cancer survivor who recently retired. I have used Mary Kay since the age of 13 now over 30 years later I am a Consultant. Going through Chemotheraphy 3 times, hahas effected by cognitive. The effect is called “The Fog or Chemo-Brain”.

I am excited about your website’s motto “Guiding Women Through the Pink Fog”. This wealth of information has been most helpful to me. I am progressing and feel more confident in my business. Thank you for this wonderful website. It has great information.

With all Love, Tanya

Your Name: Jennifer

Date Joined MK : 04/14/07

When Left MK or Still Active?: still active

Initial Inventory Purchased: 1200

How were you recruited?:

I signed up to get the discount, and then started the business part of it.

Memorable experience you had in MK:

Helping my recruiter debut as a director by working my business.

What did you learn from MK?:

Well, I don’t know what kind of units you people are in, but my unit rocks. Actually, when I started, I was part of an adopted unit. Our adopted director went above and beyond to train us.

What are you doing now? :

I declined a position at my son’s school in order to further my Mary Kay business. I want to be home with my youngest daughter, and Mary Kay offers that to me.

Additional Comments:

You have to be smart people. Realize that this IS a business, MK IS out to make money. But, Mary Kay Ash was pretty amazing, and the company compared to other ones out there is pretty cool too. You get out of things what you put into it. My adopted director always says when presenting to guests that this business is not easy, but that it is totally doable and rewarding if you work hard.

It seems that unfortunately many of you just got hooked up with the wrong kind of people. I have never felt pressured or any thing of the sort, only supported. I hope that you won’t think so badly of MK in general, but realize that there are crappy people out there. I hope you might be encouraged to just find the right unit and director, because the benefits can be awesome, if you realize that all the inventory, campy songs, and silly prizes don’t matter. Figure out why you need MK, and then find the people who will actually help you meet those goals. If someone who is not going to make any money from me was so willing to help me meet my goals, surely you can find someone who can help you.

Good luck!