Jane Park, Julep Beauty’s CEO, objected to Washington Attorney General Bob Ferguson’s September 6, 2016 announcement that Julep and Park would pay a $3 million settlement. Park said the figure mischaracterized the deal because, in her account, Julep had already refunded $1.5 million before the attorney general contacted the company, while the decree required other payments and product donations and suspended a further penalty unless Julep violated its terms. The decree set out settlement obligations but expressly did not establish or admit the alleged facts or legal violations.
What prompted Jane Park’s criticism?
Ferguson’s office announced a settlement in a case alleging that Julep’s recurring product-box marketing and subscription cancellation practices harmed consumers. The alleged conduct covered 2012 through 2015. The state’s release said customers could have difficulty stopping recurring shipments and reported that about 55,000 customers nationwide canceled recurring shipments between December 2012 and September 2015; it also said the precise number affected was unclear.
Park responded publicly the same day, saying the announcement contained inaccuracies and mischaracterizations. She wrote: “We do not know where the Attorney General gets $3MM from, and believe it is unethical and deceptive for him to characterize our settlement in this way.” Her criticism was about how the settlement was presented, especially what the $3 million total represented and when refunds had been made.
The state’s allegations were resolved through a consent decree, not a trial finding. The decree says: “This Consent Decree does not constitute evidence or an admission regarding the existence or non-existence of any issue, fact, or violation of any law alleged by Plaintiff.”
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What did the state’s $3 million figure include?
The Attorney General’s release described $3 million as an aggregate settlement figure comprising several different forms of value and obligations. It did not mean that $3 million was all an immediate cash penalty.
| Component in the state’s announcement | Amount or value | What it represented |
|---|---|---|
| Restitution | $1.5 million | Refunds identified by the Attorney General’s release. |
| Costs and attorneys’ fees | $250,000 | Costs and fees described in the release and consent decree. |
| Hygiene products | $1 million retail value | Products to be provided to qualifying charities and government institutions; this was in-kind value, not cash. |
| Civil penalty | $250,000 | A penalty the release said was suspended subject to compliance with the decree. |
Ferguson framed the case around consumer harm, saying: “It is maddening for consumers to receive products they don’t want but are charged for.” The state’s $3 million total brought together restitution, fees and costs, product value, and a contingent penalty—categories with different financial meanings.
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How did Park characterize the settlement differently?
Park’s account focused on timing and on the distinction between amounts already refunded and obligations imposed by the decree. She said Julep had refunded $1.5 million before the Attorney General contacted the company. She characterized the immediate settlement impact as $250,000 in legal fees and $250,000 in product donations, and said a further $250,000 was suspended unless the decree was breached.
That breakdown is Park’s position, not an independent finding about the sequence of refunds or the parties’ accounting. The core disagreement was therefore not simply whether the announcement added up arithmetically: the state presented a total value for the resolution, while Park argued that including prior refunds in the headline figure overstated what the settlement newly required or cost Julep.
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What did the decree establish—and what did it not?
The consent decree is the primary record of the settlement terms. It establishes obligations, including costs and attorneys’ fees, but expressly disclaims evidentiary or admission effect as to the alleged facts and violations. It should not be read as a court finding that Julep violated the law, nor as an admission by Julep or Park.
That distinction matters when comparing the public statements. The Attorney General’s announcement described the state’s allegations and the aggregate value of the settlement. Park disputed the characterization of that figure. Neither description changes the decree’s explicit statement that the settlement itself is not evidence or an admission on whether the allegations were true.
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How did the Attorney General’s office respond?
GeekWire reported that, after it asked the office to clarify the settlement figures, the Attorney General’s office stood by its release as distributed. The contemporaneous reporting did not resolve the parties’ disagreement about whether the $1.5 million in refunds should be presented as part of the settlement total in the way the state announced it.
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Sources
- Washington State Attorney General, September 6, 2016 release
- Consent decree
- GeekWire’s September 6, 2016 report on Park’s response and the office’s reply
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