Sunday, January 2, 2011

Others Experiences

I received a forwarded email exchange today between an anonymous submitter and redacted (please see edit below), who is in charge of marketing for GlitterSniffer. It is edited only to remove identifying personal information, including redacted's phone number (though she does give consent for its dissemination) and company logos. I am removing redacted's last name as well, but leaving her first name, as this information is readily available on the GS Facebook page, along with her picture. I am doing this of my own free will, as redacted  legally has no expectation of privacy as it relates to this email.

To: redacted


Hello redacted,

Lela Warren (glittersniffercosmetics@gmail.com) canceled the following money request:

-----------------------------------
Money request details
-----------------------------------

Amount: $191.50 USD

Date: Dec 20, 2010

Subject: PayPal money request from redacted

Note: I would like a refund for buying potentially UNSAFE eye pigments that you claimed were safe (Products I used on my CHILD) -- Would also like a refund because I was under the impression that you were, indeed, selling 'vegan friendly products', as you advertised, but in fact you were not.

Sincerely,
PayPal
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redacted
----------
From: redacted
Date: Tue, Dec 21, 2010 at 9:59 AM
To: glittersniffercosmetics@gmail.com



Why did you cancel my request for a refund? I have screenshots of you
promising to refund anyone who was unsatisfied with buying your
product because of your dishonesty (I also have screenshots of you
first stating that your pigments were safe and then changing your
answer to, essentially, 'SOME are safe'.

I can assume you have heard by now that many of your ex-customers are
strongly considering filing a class action lawsuit against you.
Needless to say, I will be participating in that. I might not get all
of my money back, in that case, but at least I would get some back.
You can block me from your FB page and ignore my emails but I have no
intention of letting this slide.
--
"Think occasionally of the suffering of which you spare yourself the

sight."  ~Albert Schweitzer


----------

Date: Tue, Dec 21, 2010 at 10:10 AM
To: redacted




redacted,
This is redacted. I am taking over all of the e-mails related to lawsuits, refund of money related to unsafe ingredients, and PayPal disputes. Please do believe me when I say that my only goal here is to come to a resolution that can be agreed on between both you and GS Cosmetics. If you would call me, we can discuss our options and what we can do to rectify this situation for you. Please pass this on to any of your colleagues who are concerned for their health or safety related to our products. My number is redacted
Thanks,
redacted
--
XO- Lela <3
President of Glittersniffer Cosmetics


----------
From: redacted
Date: Tue, Dec 21, 2010 at 10:20 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



I appreciate the reply but I know well enough that we should keep our
correspondences in writing.

Lela told me I could get a refund so I asked for one. Then she denied
my request. How exactly is that, 'working out a solution'?

Plain and simple, I don't want any cosmetics that are potentially
unsafe. I never would have bought these products had I not been lied
to. I want my money back. What other 'solution' is there?

On Tuesday, December 21, 2010, Lela Warren

>
>

--
----------
From: redacted
Date: Tue, Dec 21, 2010 at 10:22 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



On Tuesday, December 21, 2010, Lela Warren
----------

Date: Tue, Dec 21, 2010 at 10:26 AM
To: redacted




redacted,
I have no intention of discussing things with you on the phone to deter you from being able to file a class action lawsuit. Under oath, I would be required to tell the truth, anyway. This is an extremely emotional situation for Lela, that is the only reason I am taking over these conversations. I can better detach myself to help you reach a resolution that will work for you. I completely understand wanting your money back, and I would be happy to discuss that with you. Not all of the pigments that you have are unsafe for cosmetic use, therefore I would like to talk to you on the phone to go over what pigments you have and what and why we are going to refund you for those.
XOXO
--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 10:37 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



I have no intention of speaking to you on the phone. Again, I prefer to keep our conversation here, in writing.
While I am sure there is a chance that SOME of the pigments I own are, indeed, safe, I'm sure you can realize that I am not comfortable with taking ANY chances. Lela assured EVERYONE that her products were '100% safe and cruelty-free' when, in fact, they were not. I do not even WANT to take the time to discuss this issue anymore. I bought a faulty product. I was lied to. Essentially, I can no longer believe anything Lela, or what anyone else who works for Glittersniffer at this time, says. 

I am the consumer here. The consumer who was lied to. I owe Lela NOTHING. She was lucky to get a few hundred out of me in the first place. Had she not been so deceitful and mean to her paying customers, she would have gotten far more out of me, too. 

And I care nothing about Lela's feelings at this point. Lying and scamming will catch up with a person...

So, to save us both time, just tell me right here and now if I am going to get a full refund. I figured I would contact you first before filing a dispute with PayPal. If you have no intention of refunding me, then just let me know and I'll go another route.

--

----------

Date: Tue, Dec 21, 2010 at 10:43 AM
To: redacted




redacted,
Unfortunately you will not get a refund for all of the products you purchased from GS. We can and are willing to refund you for any colors that are not eye approved, cosmetically approved, or FDA approved, however we cannot refund you for the ones which are safe. While we understand your dissatisfaction and your unwillingness to trust in the company, we stand behind our products that we know to be safe. You can have our products tested should you choose, however you will find that the products we are not refunding you for are indeed safe. If you would like a refund for the products in which the safety is questioned, please let me know.
redacted
--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 10:47 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



Can you send me a list here, in writing, of the items that are (as of now) DEFINITELY considered to be unsafe? I'd like to have that on hand. Thanks.
--

----------

Date: Tue, Dec 21, 2010 at 10:49 AM
To: redacted




redacted,
If you could provide me with a list of what pigments you own, I would be happy to tell you which ones are not eye approved.
Thanks--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 10:52 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



Well her lies another problem -- Most of my items are unlabeled randoms so I have NO idea.
--

----------

Date: Tue, Dec 21, 2010 at 10:57 AM
To: redacted




If you could please let me know how many pigments of each color genre you have, we can refund you for the ones that fall into, or close to, the unsafe category.
--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 10:58 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



As I asked a few messages ago, what exactly DOES fall under the 'unsafe genre category'?
Again, I have about 60 pigments (perhaps more) and almost all of them are unlabeled.
--

----------

Date: Tue, Dec 21, 2010 at 11:01 AM
To: redacted




Certain color genre's fall into that category. Please let me know how many pigments you have from each category and we will gladly issue a refund for the amount in question
Thanks--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 11:02 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



I am asking you what colors fall under the 'unsafe category' -- I can't let you know how many I have of what without knowing this information...
--

----------

Date: Tue, Dec 21, 2010 at 11:04 AM
To: redacted




I can only give you that information if you are expressly agreeing to provide photographic proof that you contain the amount of colors in question that you claim you do, once we have received photo documentation of that, we can issue the refund. Do we agree?
--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 11:08 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



I have no problem with taking photos of the pigments I own -- However, I DO think it's pretty, uh shady, that you're only telling people which pigments are unsafe if they abide by some strange request of yours. I mean, that doesn't exactly say, "Oh, we're trying to make this right; we have nothing to hide..."
--

----------

Date: Tue, Dec 21, 2010 at 11:14 AM
To: redacted




redacted,
I'm sorry that you feel it is "shady", unfortunately as a company we are going to need photo documentation, as someone could say they have 100 of the unsafe color genre's and really only have 2. It is not to lie, cheat, or steal from anyone, it is simply to make sure that our company is only refunding what we feel we are responsible for refunding.

The colors which could possibly fall into the unsafe category are pinks. While not all of them do fall into this category, we are willing to refund the money for all of them given photo documentation. This includes all Pinks ever sold by our company both individually and in collections. Neons and the pigment named House of Horrors are also not eye approved.

--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 11:17 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



I understand that you would need documentation of some sort proving how many pigments I own -- But the fact that I needed to 'agree' to anything just so you could give me that information is baffling.
I do know that I have House of Horrors (I bought that one when it was on some sort of special), along with a few random neon colors and some pinks.

Are blues safe to use on the eyes (I have heard otherwise, this is why I ask)? Can I be assured that potentially unsafe pigments were not mixed in with other colors to make new pigments?


--

----------

Date: Tue, Dec 21, 2010 at 11:20 AM
To: redacted




redacted,
I will need to check with Lela on the blues and the mixing of pigments.
--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 11:22 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



Thanks, please do so ASAP. To be clear, I want to know with 100% certainty that the pigments I bought are indeed safe to use (as Lela claimed they were). So if she is at all even 'iffy' about any particular color, or 'color genre', now would be the time to let me know.
--

----------

Date: Tue, Dec 21, 2010 at 11:25 AM
To: redacted



redacted,
I understand what you are asking. I have to speak with Lela before I can give you a definitive answer. I assume you would rather me take the time to find out for certain a complete list, than to be unsure of what ones are and are not safe. I will get back to you as soon as I have compiled a list.
--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 11:29 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



Yes, I would like you to be certain before giving me this information. I am, however, shocked that you don't have this information at your fingertips considering everything that has been going on lately. I would have assumed that this would have been the FIRST thing Lela tried to figure out -- What pigments are safe; what pigments are not. I also would have assumed that this information would be readily accessible to any current and past customers, though, so perhaps I would just do things differently as a business owner in general.
I will look forward to your response. Thank you.
--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 11:38 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



Okay, here are the questions I would like Lela to answer:

* Are ALL pigments that contain glitter made with COSMETIC grade glitter?

* Were any of the pigments MIXED with neon colors? I know that the neon colors by themselves are not eye-approved (so I purposely never ordered any) but I want to know if any of pigments can possibly contain any bits of neon pigment, perhaps done while making a new color.

* Which colors, if any, were made with lake dyes?

Thanks.


--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 11:47 AM
To: Lela Warren <glittersniffercosmetics@gmail.com>



Sorry, just remembered one more question (It's really a shame that I feel the need to get this specific, but so be it...).
* I asked which pigments weren't considered to be safe for eye use specifically. Are there any that were not approved for cosmetic use in general?

Thanks.

--

----------

Date: Tue, Dec 21, 2010 at 12:49 PM

To: redacted




  • All pigments with glitter have been made with cosmetic grade glitter
  • The following colors are FDA Approved and Cosmetically approved, but not eye approved:
          Jen Nazi
          ADD
          Brenda
          Jenn
          Cupcake
          Brenda's Lemonade
          Sarah
          Michigan Avenue
          Kiss This
          Pink Pistol
          Finger Food (Because it is pressure sensitive)
          House of Horrors (Because it has a pink in it)
          All other pinks, old, new, and collection colors (While some of the pinks were made with eye approved pigments, we are going to         
          refund those who are concerned for all of their pinks)
  • The following pigments are not FDA Approved for use around the eyes. Please note that while they are not FDA approved, it is not related to proven lack of safety, but related to lack of adequate testing on the ingredient. The safety of neons is unknown.
          Flight Club
          Oompa Loompa
          80's Collection
          Glow in the Dark Collection
          Mo Love
  • All other colors are safe and FDA approved for eye use. 
--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 12:53 PM
To: Lela Warren <glittersniffercosmetics@gmail.com>


Ok, so this means blues/purples are safe? Again, almost all of my
colors are unlabeled which means I might have some of the colors you
listed without knowing it (in addition to the pinks and neon I have).

I am still hoping for a direct answer re: the possibility of any neon
or other potentially unsafe colors, being mixed into other pigments.


----------

Date: Tue, Dec 21, 2010 at 4:28 PM
To: redacted



redacted,
Generally, blues and purples are safe. House of Horrors is a purple, Mo Love is a blue, Finger Food is a pressure sensitive orange and Oompa Loompa is a green. The other girls would be able to identify those for you.
To answer your other question, I'm sorry - I didn't intentionally skip it, No - unless it is one of the listed colors, there would be no chance of a neon being mixed in with another color
Thanks
--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 4:43 PM
To: Lela Warren <glittersniffercosmetics@gmail.com>


Okay, so I have a far amount of pinks/reddish colors. I also have a BRIGHT orange that I received as a random, as well as a very bright yellow. It seems the samples I received in the rip off 'grab bags' are also likely 80s samples. So what do I do now?
--

----------

Date: Tue, Dec 21, 2010 at 4:54 PM
To: redacted



redacted,
If you want me to continue in communication with you I would appreciate it if you would be a little more professional in your correspondence with me. I am doing what I can to help you and I understand that you are upset, however I'm not Lela and I'm not the person to take out your frustration on. What specifically do you mean what do you do?
redacted --

----------
From: redacted
Date: Tue, Dec 21, 2010 at 4:55 PM
To: Lela Warren <glittersniffercosmetics@gmail.com>


I think it's pretty ironic that you are asking ME to be more patient with YOU -- Excuse me, I am the consumer who has been SCREWED here. YOU are the employee who, for about five emails, wouldn't even provide me with the simple answers I wanted.
You're just going to have to deal. Furthermore, I'm sure I'm being far kinder than the attorneys will be.--

----------

Date: Tue, Dec 21, 2010 at 5:01 PM
To: redacted



Okay. My number is redacted if you would like to have your attorney call me.
Thanks--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 5:03 PM
To: Lela Warren <glittersniffercosmetics@gmail.com>


Thanks. In the meantime, you can refund me for the obvious pinks and neons I have.
Do the reddish colors count as 'pinks'?
--

----------

Date: Tue, Dec 21, 2010 at 5:05 PM
To: redacted



If you are contacting your attorney, I will discuss a refund with him or her.
Thanks--

----------
From: redacted
Date: Tue, Dec 21, 2010 at 5:06 PM
To: Lela Warren <glittersniffercosmetics@gmail.com>


So now you are blatantly going against what you said you would do just messages ago in writing? Wow. Okay. Now I'm even more determined to participate in a class action lawsuit than I was before.
No need to further reply. You're just as much of a liar and game player as Lela is, as is obvious by reading through our messages from today.--

----------

Date: Tue, Dec 21, 2010 at 5:11 PM
To: redacted



I simply have been trying to help you and you are being very nasty. I get that you're frustrated, but if you're going to continue to threaten us with a lawsuit then I have no reason to try to accommodate your request. If you would like to speak to me in a professional manner, as I'm not the person who made or sold the makeup, I'm only the person trying to help you, then I will gladly make good on what we discussed. Otherwise, I will look for correspondence from your attorney.
Thanks,
redacted --

----------
From: redacted
Date: Tue, Dec 21, 2010 at 5:30 PM
To: Lela Warren <glittersniffercosmetics@gmail.com>


Feel free to reread our messages -- I wasn't nasty/vulgar by any means. Am I
frustrated for being lied to? Mad that I put potentially harmful
products on my kid's face? Absolutely I am. It's laughable that you
expect to be addressed with anything other than frustration.

I'm not going to beg, plead or even sugarcoat my request for a PARTIAL
refund. If that's what you expect then most definitely, feel free to
keep my money until Lela is contacted by an attorney. I'm aware that,
in the event a class action lawsuit judges in favor of the many
glittersniffer customers who have been scammed and lied to I might
receive less money back but I am prepared to take that loss if the
alternative is kissing your ass in order for me to get back just a
fraction of what I deserve. Thanks but no thanks.

I present this email in full here as it contained no confidentiality disclaimer, I still stand by my original promise not to publish any full email communications between GS and myself, should there be any in the future.

A few thoughts on this as it is related to the FDA. It is my understanding that all of GS pigments were sent without ingredient listings, and that the majority of the "randoms" contained no labeling at all. Per the FDA (and as I've posted previously, emphasis mine):

What labeling information is required?

The following information must appear on the principal display panel:
  • An identity statement, indicating the nature and use of the product, by means of either the common or usual name, a descriptive name, a fanciful name understood by the public, or an illustration [21 CFR 701.11].
  • An accurate statement of the net quantity of contents, in terms of weight, measure, numerical count or a combination of numerical count and weight or measure [21 CFR 701.13].
The following information must appear on an information panel:
  • Name and place of business. This may be the manufacturer, packer, or distributor. [21 CFR 701.12].
  • Distributor statement. If the name and address are not those of the manufacturer, the label must say "Manufactured for..." or "Distributed by..." [21 CFR 701.12].
  • Material facts. Failure to reveal material facts is one form of misleading labeling and therefore makes a product misbranded [21 CFR 1.21]. An example is directions for safe use, if a product could be unsafe if used incorrectly.
  • Warning and caution statements. These must be prominent and conspicuous. The FD&C Act and related regulations specify warning and caution statements related to specific products [21 CFR part 700]. In addition, cosmetics that may be hazardous to consumers must bear appropriate label warnings [21 CFR 740.1]. An example of such hazardous products is flammable cosmetics.
  • Ingredients. If the product is sold on a retail basis to consumers, even it it is labeled "For professional use only" or words to that effect, the ingredients must appear on an information panel, in descending order of predominance. [21 CFR 701.3]. Remember, if the product is also a drug, its labeling must comply with the regulations for both OTC drug and cosmetic ingredient labeling, as stated above.
Failure to comply with any of those regulations could possibly get the products declared misbranded.

If true, this is good news for me, since my full size pigments had no labels on them whatsoever.

It should also be noted that in a recall situation it is expected that the company will physically receive the product, returned at it's own expense, in order to issue a refund. Photographic proof is not enough, as the company has an obligation to ensure that all adulterated product is disposed of safely. I covered the recall expectations here, very few of which GS has apparently met.

A big thank you to to the anonymous submitter. Should anyone want to follow up with redacted I would be happy to provide her phone number. Simply email me here: glittersniffercomplaints@gmail.com

1/14/11 ETA: All personally identifying information was removed from this post at the request of the individual who was answering the email for GlitterSniffer. I am doing this of my own free will, as the person in question sent the email with no disclaimer, and, as such, has no expectation of privacy. I would like to state that this person does not identify themselves as being employed by GS. I am not going to dispute this, but I will say that the person refers to GS as "our company" in these emails.

7 comments:

  1. This comment has been removed by a blog administrator.

    ReplyDelete
  2. This comment has been removed by the author.

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    ReplyDelete
  5. mama-Well, I cannot speak as to Lela's crackheadedness, but I will say that her business acumen leaves something to be desired.

    ReplyDelete
  6. you know whats funny the same thing happend to me BUT i provided pictures of the pigments that are not eye safe and she said if you call me i will talk about the refund! what if i didnt have a PHONE? i still havent revived a refund.

    ReplyDelete
  7. rstites13- I'm beginning to see a pattern as it relates to refunds. I will post later today with perhaps another avenue to recover funds.

    ReplyDelete

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