e.l.f. Beauty (ELF) risk factors, FY2026 10-K

Other

1. 01The beauty industry is highly competitive, and if we are unable to compete effectively our results will suffer
2. 02Our new product introductions may not be as successful as we anticipate
3. 03We believe that developing and maintaining our brands is critical and that our financial success is directly dependent on consumer perception of our brands. Furthermore, the importance of brand recognition may become even greater as competitors offer more products similar to ours
4. 04Our success depends, in part, on the quality, performance and safety of our products
5. 05We may not be able to successfully implement our growth strategy
6. 06Our growth and profitability are dependent on a number of factors, and our historical growth may not be indicative of our future growth
7. 07We may be unable to continue to grow our business effectively or efficiently, which would harm our business, financial condition and results of operations
8. 08Acquisitions or investments, such as our acquisition of HRBeauty LLC (“rhode”), could disrupt our business and harm our financial condition
9. 09We have made certain assumptions relating to our acquisition of rhode that may prove to be materially inaccurate27% rewritten
10. 10rhode may have liabilities that are not known to us
11. 11The success of our acquisition of rhode will depend, in part, on our ability to successfully integrate and retain key employees of, and other certain personnel affiliated with, rhode66% rewritten
12. 12Changes in the US and international trade policies, including tariffs, trade restrictions and retaliatory trade measures taken by other countries and resulting trade wars may have a material adverse impact on our business, financial condition and results of operations73% rewritten
13. 13A disruption in our operations, including a disruption in the supply chains for our products, could materially and adversely affect our business
14. 14Adverse economic conditions in the United States or any of the other countries in which we conduct significant business could negatively affect our business, financial condition and results of operations58% rewritten
15. 15If we fail to manage our inventory effectively, our results of operations, financial condition and liquidity may be materially and adversely affected
16. 16Our success depends, in part, on our retention of key members of our senior management team and ability to attract and retain qualified personnel
17. 17Public health crises could adversely affect our business, financial condition and results of operations
18. 18Volatility in the financial markets could have a material adverse effect on our business, financial condition and results of operations
19. 19Our indebtedness may have a material adverse effect on our business, financial condition and results of operations
20. 20If our cash from operations is not sufficient to meet our current or future operating needs, expenditures and debt service obligations, our business, financial condition and results of operations may be materially and adversely affected
21. 21Changes in tax law, in our tax rates or in exposure to additional income tax liabilities or assessments could materially and adversely affect our business, financial condition and results of operations38% rewritten
22. 22Fluctuations in currency exchange rates may negatively affect our financial condition and results of operations
23. 23We depend on a limited number of retailers for a large portion of our net sales, and the loss of one or more of these retailers, or business challenges at one or more of these retailers, could adversely affect our results of operations
24. 24Our quarterly results of operations fluctuate due to seasonality, order patterns from key retail customers and other factors, and we may not have sufficient liquidity to meet our seasonal working capital requirements74% rewritten
25. 25our results of operations for the entire fiscal year. To support anticipated higher sales during the third and fourth fiscal quarters, we make investments in working capital to ensure inventory levels can support demandNew
26. 26We are increasingly dependent on information technology, and if we are unable to protect against service interruptions, data corruption, cyber-based attacks or network security breaches, our operations could be disrupted
27. 27We must continue to maintain and make requisite or critical upgrades to our information technology systems, and our failure to do so could have a material adverse effect on our business, financial condition and results of operations
28. 28If we fail to adopt new technologies or adapt our e-commerce websites and systems to changing consumer requirements or emerging industry standards, our business may be materially and adversely affected
29. 29We use AI in our business, and challenges with properly managing its use could result in harm to our brand, reputation, business or customers, and adversely affect our results of operations48% rewritten
30. 30Failure to protect sensitive information of our consumers and information technology systems against security breaches could damage our reputation and brand and substantially harm our business, financial condition and results of operations
31. 31Payment methods used on our e-commerce websites subject us to third-party payment processing-related risks43% rewritten
32. 32fraudulently use consumer information for their own gain or facilitate the fraudulent use of such information. Overall, we may have little recourse if we process a criminally fraudulent transactionNew
33. 33We have significant operations in China, which exposes us to risks inherent in doing business in that country
34. 34We are subject to international business uncertainties70% rewritten
35. 35jurisdictions, the risk of inadequate intellectual property protections and differences in packaging, labeling and related laws, rules and regulations are all substantial matters that need to be evaluated prior to doing business in new territories. We cannot be assured that our international efforts will be successfulNew
36. 36New laws, regulations, enforcement trends or changes in existing regulations governing the introduction, marketing and sale of our products to consumers could harm our business68% rewritten
37. 37Our facilities and those of our third-party manufacturers are subject to regulation under the FDCA and FDA implementing regulations
38. 38Government regulations and private party actions relating to the marketing and advertising of our products and services may restrict, inhibit or delay our ability to sell our products and harm our business, financial condition and results of operations21% rewritten
39. 39Failure to comply with the US Foreign Corrupt Practices Act, other applicable anti-corruption and anti-bribery laws, and applicable trade control laws could subject us to penalties and other adverse consequences
40. 40Government regulation of the Internet and e-commerce is evolving, and unfavorable changes or failure by us to comply with these regulations could substantially harm our business, financial condition and results of operations
41. 41We are involved, and may become involved in the future, in disputes and other legal or regulatory proceedings that, if adversely decided or settled, could materially and adversely affect our business, financial condition and results of operations
42. 42We may be required to recall products and may face product liability claims, either of which could result in unexpected costs and damage our reputation
43. 43If we are unable to protect our intellectual property, the value of our brands and other intangible assets may be diminished, and our business may be adversely affected
44. 44Our success depends on our ability to operate our business without infringing, misappropriating or otherwise violating the trademarks, patents, copyrights and other proprietary rights of third parties28% rewritten
45. 45Use of social media may materially and adversely affect our reputation or subject us to fines or other penalties, and any failure in our marketing efforts through our social media presence could materially and adversely affect our business, financial condition and results of operations
46. 46Use of influencers may materially and adversely affect our reputation and business
47. 47Our business relies heavily on email and other messaging services, and any restrictions on the sending of emails or messages or an inability to timely deliver such communications could materially adversely affect our net revenue and business
48. 48Our business could be negatively impacted by corporate citizenship and sustainability matters29% rewritten
49. 49We are subject to a series of risks related to climate change31% rewritten
50. 50Actions of activist stockholders could be costly and time-consuming, divert management’s attention and resources, and have an adverse effect on our business
51. 51Because we have no current plans to pay cash dividends on our common stock, stockholders may not receive any return on investment unless they sell our common stock for a price greater than that which they paid for it
52. 52We cannot guarantee that our share repurchase program will be utilized to the full value approved or that it will enhance long-term stockholder value29% rewritten
53. 53Stockholders may be diluted by the future issuance of additional common stock in connection with our incentive plans, acquisitions or otherwise36% rewritten
54. 54Anti-takeover provisions in our organizational documents and Delaware law might discourage or delay acquisition attempts for us that stockholders might consider favorable
55. 55Our board of directors is authorized to issue and designate shares of our preferred stock in additional series without stockholder approval75% rewritten
56. 56powers, preferences and rights of these additional series of preferred stock may be senior to or on parity with our common stock, which may reduce its valueNew
57. 57Although our common stock is listed on the NYSE, there can be no assurances that an active trading market for our common stock will be sustained. In the absence of an active trading market for our common stock, stockholders may not be able to sell their common stock at the time or price they would like to sell
58. 58Future sales, or the perception of future sales, by us or our stockholders in the public market could cause the market price for our common stock to decline
59. 59If securities analysts do not publish research or publish inaccurate or unfavorable research about our business, our stock price and trading volume could decline