A proposed class action claims Kylie Cosmetics has been using free gift email subject lines that hide key conditions, framing offers as unconditional when they actually require a minimum purchase.
The case drops the brand into a wider wave of litigation targeting how beauty and fashion companies use inbox subject lines to drive clicks and sales. What the lawsuit alleges According to the complaint, Kylie Cosmetics emails in 2024 and 2025 carried subject lines like don’t miss your free gift, 2 FREE gifts or FREE
lip kit , but only disclosed spend thresholds inside the email body. The plaintiff argues this misleads consumers under Maryland’s Commercial Electronic Mail Act because the free language appears upfront while the requirement to pay a certain amount is buried later.
The filing points out that the brand has, at other times, clearly stated conditions in the subject line, for example, Free Holiday Ornament with any $40 + purchase, suggesting it knows how to present restrictions transparently.
The suit claims the more recent campaigns instead omitted those qualifiers to boost open rates and purchase intent, effectively clogging inboxes with false information.
Legal and financial stakes Under Maryland’s Commercial Electronic Mail Act , each allegedly misleading email could carry $500 in statutory damages, which can add up quickly at a marketing scale…
