Cosmetics

News & Analysis as of

Does CPSC or FDA Have Jurisdiction Over Your Consumer Product?

As our readers know, we write about legal developments that affect companies involved in manufacturing, importing, distributing, and/or selling “consumer products.” In many cases, these products fall squarely within the...more

Hidden Costs of Common Beauty Treatments?

The “toxic trio” is a foreboding name some associate with common and seemingly innocuous manicures and pedicures. Salon workers suffer higher-than-average rates of birth defects, miscarriages, cancers, and skin afflictions...more

Food for Thought: Ninth Circuit Holds Cosmetic Labeling Claims Not Preempted by FDCA, Primary Jurisdiction Appropriately Invoked

In April 2015, the Ninth Circuit held in a cosmetic labeling class action that the Food, Drug, and Cosmetic Act (FDCA) did not expressly preempt state causes of action predicated on federal cosmetics labeling laws and that...more

FTC Shuts Down a Risky Risk-Free Offer

This morning, the FTC announced that it had stopped a group of 15 companies and 7 individuals from using deceptive “risk-free trial” offers to sell skincare products online. At the Commission’s request, a federal court issued...more

California Passes Bill To Ban Biobased Microbeads

On May 22, 2015, the California State Assembly passed the Plastic Microbeads Nuisance Prevention Law, a bill designed to ban the use of microbeads in beauty products and prevent the environment harm that occurs when they...more

SG’s Latest Brief On Implied FDCA Preemption Under Buckman

On May 26, 2015, the Solicitor General’s office responded to the United States Supreme Court’s Oct. 14, 2014 invitation for the government’s views on the certiorari petition filed in Athena Cosmetics, Inc. v. Allergan, Inc.,...more

Advertising Law - June 2015

Fifty Years Later, Still Feeling the Impact of 1965 - In 1965, TV spots ran for 60 seconds . . . mostly in black & white. A first-class stamp cost five cents. (Remember mail?) Bonanza ruled the airwaves, while...more

Cosmetic Safety Legislation Introduced, Again

In what is the latest in a line of Congressional proposals to beef up the federal government’s authority to regulate cosmetics, Senator Dianne Feinstein (D-CA), has proposed a bill aimed at dramatically increasing Food and...more

“Age Defying” Make-up Case Only Partially Defies Preemption

Coco Chanel said that nature gives you your face at 20, but you earn your face at 50. Perhaps that is not so different from Mark Twain’s theory that one’s wrinkles should merely be monuments to smiles. Those platitudes do...more

Are Cosmetics Gaining Higher Congressional and FDA Scrutiny?

Currently, FDA regulates cosmetics to ensure they are not adulterated or misbranded, but does not have the authority to order cosmetic recalls or require adverse event reporting. Senators Dianne Feinstein (D-CA) and Susan...more

Patenting natural and organic cosmetics...can it be done?

Two interesting trends are occurring in the international cosmetics market which, at first glance, seem to be in conflict. The first trend is the expansion of the natural and organic cosmetic products market. The second is an...more

Federal Appeals Court Revives Suit Over "All Natural" Cosmetic Labeling

“A product labeled ‘all natural’... likely evokes images of ground herbs and earth extracts rather than chemicals such as ‘Polysorbate 20’ or ‘Hydroxycitronellal.’” With that opening sentence, the Ninth Circuit Court of...more

EC Calls for Data on Colloidal Silver (Nano) in Cosmetic Products

On March 24, 2015, the European Commission (EC) announced a call for data on the ingredient “colloidal silver (nano).” According to the EC, it has received notification of several cosmetics products containing the ingredient...more

Ninth Circuit Upholds FDA’s Primary Jurisdiction Over “Natural” Labeling On Cosmetics But Orders Stay Rather Than Dismissal

Plaintiffs’ lawyers love to challenge products labeled as “natural,” with hundreds of false advertising class actions filed in just the last few years. Recently, in Astiana v. Hain Celestial (pdf), the Ninth Circuit reversed...more

Look Beyond the Registration to Determine Likelihood of Confusion

Just in time for the holiday shopping season, the Trademark Trial and Appeal Board's recent decision in Anthropologie, Inc. and Urban Outfitters Wholesale, Inc. v. Happy Green Company LLC is a good reminder of why, when...more

Global Food, Drugs, Medical Devices and Cosmetics Newsletter - 3rd Edition

Welcome - We are pleased to provide you with the Fall edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. This newsletter provides updates on important issues and developments across these...more

Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification

A recent decision by a California federal judge highlights the important role that expert testimony and evidence can play in defeating a bid for class certification. On May 12, 2014, Judge Anthony Battaglia of the Southern...more

EU publishes TTIP negotiating positions for five key sectors to increase transparency

On 14 May 2014, in the run-up to the fifth negotiating round taking place 19-23 May 2014 in the US, the European Commission has published its negotiating position in the ongoing Transatlantic Trade and Investment Partnership...more

Lack of Federal Regulation in Cosmetics and Personal Care Products Leads to Litigation Risks

In recent years, consumers have become more focused on the potential for health risks associated with the use of chemicals and other ingredients in cosmetics and personal care products. Many consumers, however, may not...more

Trademark Review - February 2014

Applicant Successfully Avoids Fraud Claim by Consenting to Judgment on Abandonment Claim - In a precedential opinion, the Trademark Trial and Appeal Board granted the Applicant’s motion for entry of judgment on the...more

Avon Is Calling – Some Lessons Learned

With the end of the Avon case fast approaching, the expected settlement of over $100 million includes some important lessons learned for companies in the middle of internal investigations and negotiations with the government....more

Allergan, Inc. v. Athena Cosmetics, Inc. (Fed. Cir. 2013) -- FDCA Does Not Preempt State Unfair Competition Laws

If you have ever wondered how popular eyelash enhancers like RevitaLash and Latisse produce their effects, Allergan, Inc. v. Athena Cosmetics, Inc. provides the answer: these products comprise prostaglandin derivatives. The...more

Two Judges in the Central District of California Dismiss Labeling Class Actions, Finding Claims Challenging Strawberry Images on...

Judges George Wu and Manuel Real both recently dismissed two class actions in the Central District of California that challenged the labeling of food and cosmetics as false and misleading. Defendants (represented by a team...more

Cocamide-DEA Causing Prop. 65 Headaches for Personal Care Products Companies

When Proposition 65 (Prop. 65) warning requirements took effect for a common ingredient in shampoo and skincare products this past June, the plaintiffs’ bar took notice. To date, 29 notices of violation have issued to dozens...more

Law À La Mode - Issue 11 – Fall 2013

In This Issue: - Who are you wearing? Protecting the power of your name - Cosmetics – preserving their reputation: Concerns over chemical preservatives - Australian dollar heads south: Will parallel...more

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