GlitterSniffer Cosmetics Throws Stones From Glass Houses

Recently it was announced that GlitterSniffer Csometics President Lela Warren had been chosen to write for a 'quite popular' magazine.

Though no formal announcement was made as to the magazine name a post later on the same day featured a 'two page spread' from Glam Rock Magazine for GS. This 'spread' was actually a paid advertisement run in the Fall of 20101 as can be seen here (Issue with the two models on the cover entitled "Official Hot Mess"). As far as can be determined the only other mention of GS in the issue is a set of pigments hidden in a 'Can You Spot It' photo. It should also be noted that this magazine is published by Chelsea Tavis of Tragic Glamour, GS' web designer and current model. The position is unpaid.

Lela Warren has also taken to commenting regarding the use of her ideas by other formulators. Though I will not speculate as to who she is speaking of it has been posted previously on this blog that Issanna, former VP of GS, is using the names she herself had branded during her unpaid time at GS for her own company. It has been shown in the past that Lela does not have a compunction against doing this herself, from soap to names to collections thought up by fans, GS clearly has a history of co opting ideas.



Recently GlitterSniffer Cosmetics has been asking for collaborators for all manner of merchandise, including 3-D Artificial Nail Art.



On June 12, 2011 a user named 'PigmentGirl' joined Etsy. PigmentGirl appeared around the same time as the PigmentChick profiles began appearing around the web. Among PigmentGirl's favorites are several soap sellers and LynnsBoutique, which specializes in 3-D Artificial Nail Art.

I had initially held off posting about PigmentGirl as there was no way to confirm that the account was tied to GS. That confirmation came last week. Several convos were sent from PigmentGirl's seemingly TOS violating Etsy account to MMU sellers offering a write up in Glam Rock magazine. The convos clearly identified the person sending them as Lela of GlitterSniffer Cosmetics.

Etsy TOS are very clear on this point. A user who has been suspended either temporarily or indefinitely may not make use of the service. Though this is not a seller account it is still possible that it is not within TOS. Lela Warren, by her own admission in an email to the GS Complaints blog, was 'kicked off Etsy' and therefore, per Etsy TOS,  may not have another account unless given permission by Etsy.

Since the email asking for a retraction in which I was castigated for posting I have not heard from GlitterSniffer Cosmetics or Lela Warren, despite asking for supporting evidence that a retraction was needed and the company's promise to keep up to date regarding the refund process. My last email, on July 31,  went unanswered. I'll be happy to acquiesce that it is quite possible that Etsy allowed Lela Warren to open yet another Etsy after, in her own words, 'numerous complaints'. Should verifiable information of that sort become available I'd be more than happy to post it.

The point here is not just the possibly TOS violating second Etsy account, but the assertion, once again, that GS 'original' ideas are being used while Lela scours Etsy for unique creations from other Artisans to sell as GS products. It's pronouncements like these that are disingenuous at best, hypocritical at worst and speak to the 'do as I say, not as I do' mentality that got GlitterSniffer Cosmetics into the situation they are currently trying to recover from.

These new developments, from the release of customer information to the casting aspersions on other formulators, only serve to show that the sea change once hoped for from GS may be becoming a slippery slope instead.

What's in a Name?

I have debated this post for a few days. On the one hand it speaks specifically to the fact that GlitterSniffer Cosmetics does not practice what it preaches, on the other it catches a lot of innocent handmade sellers up in a situation not of their own making. I am very cognizant of the fact that the GlitterSniffer Cosmetics situation has cast a bad light not only on indie cosmetics in general, but could possibly effect handmade sellers negatively as a whole. Though I personally have no issue continuing to purchase handmade, and do so quite regularly still, I am well aware that this situation has made people gun shy. For that reason I will not be including supporting links to the products I mention though that has been my practice thus far. I will also be removing any identifying information for these sellers. These wonderful artisans do not deserve any further identification with GlitterSniffer Cosmetics, especially since they had nothing to do with the company's choice to sell unapproved products, and simply lent their names in good faith to a company they felt they could trust. They are just another in a long line of innocent victims and I do not wish to cause them any further issues.

And with that preamble out of the way, the following was posted to the GlitterSniffer Cosmetics Facebook Fan Page on February 4, 2011:

It does not seem to be the case that someone was trying to use GlitterSniffer Cosmetics name to make money. The crafter in question made it very clear via the GlitterSniffer Complaints FaceBook Page that she was no longer associated with GS, had forgotten about the listings, had edited them to remove the association, and that the original intent of the listings was to link to GS and help drive business to them.

But GlitterSniffer Cosmetics should know all about using links to drive business. It's something they have practiced themselves for years. From the Etsy forums, dated February 11, 2009:

There were 15 pages of responses to this offer, with much discussion of link trading. This shows that GlitterSniffer Cosmetics had no issues with soliciting others for marketing purposes, in effect using others names in order to make money. Some selected listings:

Please note that most of these colors were not "inspired" by these shops. They were already made and simply named for the sellers. For the most part GlitterSniffer Cosmetics did not know any of these sellers until soliciting them for the use of their names, despite their claims to the contrary in the listings. There are many others I have not listed.

At least three of these products have since been recalled as being unsafe for eye use.

It is debatable at this point if use of the GlitterSniffer Cosmetics name would be of any value to anyone currently selling handmade, but this certainly gives pause to the assertion that crafters use their name to increase sales, when cross promotion is not only something GlitterSniffer Cosmetics participated in, but actively sought out in the past.

This is, of course, in addition to the numerous trademarked names they have used, and are currently planning on using, to market their products.

Terms of Service

I contacted Ebay yesterday about GlitterSniffer Cosmetics sale of this listing. Ebay has strict terms about what may or may not be sold on the site. Per their Terms of Service recalled items may not be sold on the site.

Products that are currently subject to a recall but the sale of the product is not prohibited by law or regulation, as long as the listing includes the recall information.

The items sold in this lot contained ingredients for GlitterSniffer Cosmetics recalled items (from the listing: We are offering them in a bulk listing because we are currently not shipping orders while we play catch up and put some new company rules in place, along with colors we will no longer be selling.) in addition to others. No where in the listing is the recall listed. In fact the listing specifically states that it can be added to mascara or brow gel, and that the lot will perform as an eye shadow "in the sense that you may put them on your eyes".

Here is a screenshot of GlitterSniffer Cosmetics offsite linking in an Etsy feedback from late last year:

Per the Do's and Don'ts of Etsy:

You may not use Etsy to direct shoppers to another online selling venue to purchase the same items as listed in your Etsy shop, as this may constitute fee avoidance. This includes posting links/URLs or providing information sufficient to locate the other online venue(s).

Per Artfire Terms of Service an Artisan may not sell:

Any item that which in whole or in part is subject to a recall.

Glittersniffer Cosmetics unlabeled "Randoms" may fall into this catagory as they do not meet FDA regulations for labeling, could be called misbranded, and as such be subject to recall. The "Random" listing was flagged today and removed from Artfire. This is in addition to a listing flagged and earlier this week which was removed as it included brushes and NYX bases which are not Handmade and therefore violate Artfore TOS. The other listings on Artfire are also questionable because it does not appear as yet that GlitterSniffer Cosmetics is complying with FDA labeling guidelines.

Just to review, it appears that GlitterSniffer Cosmetics has violated Ebay Terms of Service with this listing. We also know that GlitterSniffer Cosmetics is no longer using Paypal due to a Terms of Service violation. GlitterSniffer Cosmetics clearly violated Etsy's offsite link policy. Two listings on Artfire, since flagged and removed, violated TOS.

Every site that GlitterSniffer Cosmetics utilizes has clear guidelines which must be followed. It would seem that in addition to FDA ingredients and labeling guidelines GlitterSniffer Cosmetics simply disregards this information, though it is readily available to them.

No Comment

The description reads, in part:

I've been scammed before and believe me- it wasn't pleasent. Well- I've flipped that around and made a GREAT Scam.

Etsy, again

I'm fairly certain that when this is all said and done that Etsy will no longer let me report anything, ever.

I was researching (of course) this evening when I ran across Psycho Bath Co on Etsy. From their blurb:

New to Etsy! Psycho Bath Co.™!

Created by the same fabulous girls that brought you one of Etsy's top selling cosmetics shop @ glittersniffer.etsy.com!

The store is empty, and it hasn't been updated since 10/30/09, a day after it was created. It has no feedback. Despite this, I still took the precaution of reporting it.

I used the Report This Shop link to inform Etsy that a previously banned seller has yet another shop on their site.

Etsy Followup

I got curious today as to how Etsy would be informing it's users about GlitterSniffers unsafe products. I responded to my previous complaint and received an email that stated that they could not tell me any specific action that would be taken, but that they would abide by their Terms of Use.

I checked and this is what it has to say (emphasis mine):

Etsy acts as a venue to allow users who comply with Etsy's policies to offer, sell and buy certain handmade goods within a fixed-price format. Etsy is not directly involved in the transaction between buyers and sellers. As a result, Etsy has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Etsy does not pre-screen users or the content or information provided by users. Etsy cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Etsy does not transfer legal ownership of items from the seller to the buyer.
Etsy cannot guarantee the true identity, age, and nationality of a user. Etsy encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Etsy is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Etsy. You use the Etsy service at your own risk.

I infer from this document that Etsy has no intention of telling anyone about GlitterSniffer.

Additionally, there was a comment on one of the posts that suggested that GS was banned from Etsy due to linking to their outside website, GlitterSniffer.com. I'm inclined to believe it, as I also found this in Etsy's Do's and Don'ts:

You may not use Etsy to direct shoppers to another online selling venue to purchase the same items as listed in your Etsy shop, as this may constitute fee avoidance. This includes posting links/URLs or providing information sufficient to locate the other online venue(s).

An Etsy account may not be used for the purpose of redirecting traffic to another web location. This includes shops in Vacation Mode. Please contact Support to have your account closed if you are no longer using it.

Etsy's terms make interesting reading, actually.

Etsy Followup

I am unsure if this development is related to my complaint, but all the products have been removed from sale at Working Girl Cosmetics.

When you do a search by seller on Etsy for WorkingGirlCosmetics it brings up the seller results that state the shop was last updated 12/23/10. However, when I visited the shop earlier today to gather the link to post on my previous Etsy post it was full of products for sale.

I am inferring from this that the products were not removed by the shop owners themselves, but by Etsy. If so, kudos to Etsy for protecting their users safety.

Etsy Followup

I have just received a response from Etsy regarding my complaint about Glittersniffer and the possibility that WorkingGirlCosmetics is also operated by GS/Lela.

The email contains a disclaimer that all communications are confidential, so I will not publish it or summarize it here. I am, however, satisfied with the response.

Etsy

GlitterSniffer is no longer a registered user on Etsy and has not been for some time. I refuse to speculate as to the reasons. Since they are no longer registered I had to contact Etsy through their Help Center. They will let me know the status of my complaint as soon as possible.

I sent a message with a summary of  my complaint as an FYI in the event GS attempts to reopen. Additionally, it has been speculated that Working Girl Cosmetics, also on Etsy, is also run by Lela, or those associated with GlitterSniffer. It lists itself as a 'sister shop' to GlitterSniffer and directs people to the GS Facebook page for updates/contests/etc. As such I reported my suspicions via the 'report this shop' link via WGC's shop page.

It should be noted that WGC may, in fact, not be run by GS/Lela, or may not be using unsafe pigments, and may be following all safety precautions when creating product. I reported the shop as a precaution, and if it is found that it is not doing anything wrong no negative repercussions will be felt by the shop. I would like to point out that the shop has 99% positive feedback, save for one negative for nondelivery on 12/18/10.