I think the drug stores should put up signs saying opening cosmetics is considered shoplifting. I check anything not wrapped too and I will swatch something that has already been opened. I wouldn't appreciate someone accusing me of something I didn't do either. But twice I bought Hourglass lip stains and they had been used. I made the SA check and only one hadn't been used. They didn't make me feel so great.
Yeah, unfortunately opening something that is unsealed to check it is a must with lipsticks, because so many people are so unbelievably gross and inconsiderate of others. I personally get sick easily and have skin sensitivities, so I don't need that added grief. I avoid unsealed lipsticks and eyeshadows as much as possible, and I avoid unsealed glosses altogether because there's no way to know for sure if it was used. Nail polish, you're kind of stuck with not knowing, I guess.
As for the Fashion Sets.... since I have very little on my want lists from the upcoming collections until the summer one (and I rarely buy much of anything from that), I might treat myself to the full set of lip products for Heroine and Embrace Me. I don't have any of the products that were already released, and all of them look great. No interest in the eyeshadows though.