Legal Question in Business Law in California

Can I file a lawsuit against M.A.C Cosmetic?

I am a serious buyer of M.A.C cosmetic products for my co-workers and collegues approximately $100,000 a month, however, M.A.C has this policy that limits 3 items per product per person and this restricts me from buying bulk quantities even though this purchase is not for resale purpose. I am a film/video producer and I work with many make-up artists, beauticians and hair stylists. That is the reason why I buy so many cosmetic products.

Today, I went to M.A.C store in Orange County, California and they refused to sell any of their products to me and I was so frustrated. So I went to Nordstrom and they did the same thing!

Well, I've come to think that even if I buy for resale purposes, don't they must sell their products to whoever wants it? The reason why they have this policy is because they are so greedy and making nobody else can sell their products but themselves with price they set!!! Isn't this violation against consumer rights in U.S? Overall, it's just cosmetic products for pete's sake!!!

If any lawyers want to fight for this matter, please contact me immediately, I will provide my buying records and everything I experienced with Estee Lauder Company! (Mother company of M.A.C Cosmetic)

Thank you!


Asked on 2/22/08, 8:36 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can I file a lawsuit against M.A.C Cosmetic?

I think a lawyer's close analysis of your purchases and use of these products would show that indeed you are purchasing for resale, since obviously you are neither using $100,000 a month of cosmetics personally nor are you giving away $100,000 a month worth as gifts. What does that leave? Unless you are taking them to the county dump or storing them for the next generation in an enormous warehouse, you must be reselling them in some way, shape or form.

I don't have any idea why Lauder would have a policy of preventing someone from purchasing enormous quantities of Lauder products from retail outlets at full retail price. That should make them (and the retailers) very happy. If, however, you are going to retailers and expecting wholesale pricing, I not only understand why you are being refused, I think it is entirely legal. Manufacturers are generally allowed to dictate the terms and conditions under which their products move to market.

My advice is to try to figure out what Lauder believes is the right way for you to acquire and use their products. A sales volume of $100K a month should entitle you to buy further up the pecking order than at a retailer. Why can't you just negotiate a professional direct-purchase arrangement with the company or one of its wholesale distributors?

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Answered on 2/22/08, 11:17 pm


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