Mark Your Calendars!

Wednesday, January 14, 2009


Above: Examples of products being given away (sizes will vary as stated below)


I know that about 99.999% of my readership qualifies for this, so I thought I'd post it. It was on this morning's national news. We all know how cosmetics aren't on sale when you go the department store. You'd never, for example, see a 20% off coupon in the paper applicable to cosmetics and fragrances at Macy's. It's always excluded and never on sale in mainstream department stores. That $21 tube of Lauder lipstick at Macy's is $20 at Lord & Taylor.

To make a long story short, there was a lawsuit about retailers conspiring to never sell the products for less than the suggested retail price, and not to compete when there are special events. Take Gift With Purchase time at the Estee Lauder counter locally. There will never be a Luader GWP event going on at The Bon-Ton when there is one at Macy's or Lord & Taylor. They may run close together (a few days or weeks apart), but never at the exact same time. You might have a Lancome GWP at Macy's while Clinique is offering a GWP at The Bon-Ton, but there isn't competition among stores when it concerns the same line.

There's a large settlement, so on the 20th, you can get a free product. See below. This is valid across the US. Local readers--If you are in the Rochester, NY area, the only department store participating is Macy's.

(Azizian, et al. v. Federated Department Stores, Inc., et al.,

Docket No. 4:03-CV-03359-SBA) 

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).

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

  •     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

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.

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

  •     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)

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.


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.

To Determine Whether You Are a Member of the Class, Please Read the Following:

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.

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.

Manufacturer Defendants and brands sold by the Manufacturer Defendants:

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

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

Christian Dior Perfumes, Inc.: Christian Dior Perfumes

Clarins U.S.A., Inc.: Clarins, Thierry Mugler, Azzaro Paris

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

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

Guerlain, Inc.: Guerlain

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

Parfums Givenchy, Inc.: Parfums Givenchy

Retailer Defendants and stores owned by the Retailer Defendants:

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

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

Gottschalks Inc.: Gottschalks, Gottschalks Inc., Harris-Gottschalks

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

The Neiman Marcus Group, Inc.: Neiman Marcus, Bergdorf Goodman, Neiman Marcus Direct, Neiman Marcus Online

Nordstrom, Inc.: Nordstrom, Nordstrom Rack, Façonnable

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

Target Corporation: Hudson’s, Dayton’s, Marshall Field’s and Target

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