Cosmetics

News & Analysis as of

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

Global Food, Drug and Medical Device Newsletter

In this issue: Legislative Updates: - (i) USA - (ii) EU - (iii) China - (iv) Australia - (v) Japan. - Featured Articles: - (i) Caffeinated Energy Drinks - a Global Perspective - (ii)...more

New EU Cosmetics Regulation already in effect – 9 things for manufacturers and importers to know

A new European Union cosmetics regulation, already in effect, more broadly defines what a cosmetic is and changes the EU’s approach to cosmetics safety, holding that a cosmetic product must be safe for human health....more

New EU Cosmetics Regulation becomes fully applicable

On July 11, 2013, the new EU Cosmetics Regulation 1223/2009 became fully applicable. The Regulation, already adopted on November 30, 2009, provides a unified and consolidated framework for the marketing and distribution of...more

New EU Regulation on Cosmetic Products Enters Into Force

On 11 July 2013 Regulation (EC) No 1223/2009 (Regulation) will replace the Cosmetics Directive of 1976 that used to rule cosmetic products in the European Union. Major aims of the Regulation are health protection, animal...more

More About Trademark Surnames: The Borghese Dispute

Right on the heels of our surname blog comes a New York Times article on a long-running trademark litigation over rights to the Borghese surname. The Borgheses hail from an Italian noble family and their using the family...more

China Business, Trade and Competition Bulletin - June 2013: China Renames Regulatory Agency: What’s in Store for the Cosmetics...

In March 2013, the National People’s Congress of China formally changed the name of the State Food and Drug Administration (SFDA) to the China Food and Drug Administration (CFDA), elevating it back to a ministerial-level...more

Kardashians Caught Without Makeup, But Not The Way You’d Expect

For those of you that came looking for pictures of Kim without face paste, this isn’t your post. (Try this one. Yikes.) But if you’re interested in trademarks and the cult of personality, read on....more

Blanket Ban on Animal Testing on Cosmetics Enters into Force

The European Union (EU), through a Commission Communication adopted yesterday, has decided to implement a total marketing ban on cosmetic products and ingredients tested on animals as from March 11, 2013. This ban will be...more

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