News & Analysis as of

Cosmetics

EU Retail News - September 2017

by Bryan Cave on

UK Competition Authority Warns Creative Sector About Price Fixing and Information Sharing - On 12th September 2017 the UK Competition Authority,the Competition and Markets Authority ("CMA") sent an open letter to...more

Industrial Chemicals Bill 2017: Recent Developments - Nearly all ingredients in cosmetic products are regulated as industrial...

by Dentons on

Nearly all ingredients in cosmetic products are regulated as industrial chemicals under the Industrial Chemicals (Notification and Assessment) Act 1989 (Cth) (the IC(NA) Act)....more

NAD Addresses “Best Selling” Claims

by Kelley Drye & Warren LLP on

Benefit Cosmetics advertised that its They’re Real Mascara was the “#1 best-selling Prestige Mascara in the U.S.” and the “#1 best-selling Prestige Mascara in the U.S. for 3 years.” A disclosure linked to the first claim...more

Tatcha v. Too Faced: What Shade is your Trade Dress?

by Knobbe Martens on

Newcomer to the luxury cosmetics marketplace, Tatcha LLC (“Tatcha”), recently made a splash by filing a trade dress infringement lawsuit in the Northern District of California against Too Faced Cosmetics LLC (“Too Faced”), a...more

Consumers beware: There’s lots of ugly in beauty products

The quest for beauty—whether skin deep or in the eye of the beholder—not only carries high costs. It also can be health risky. Jane Brody reminds us in the New York Times that due “to a lack of federal regulations, the...more

A Rose by Any Other Name: Drug Claims Make Your Cosmetic a Drug

by Arnall Golden Gregory LLP on

Last month, FDA district offices issued Warning Letters to two cosmetic companies for making claims that established their products as drugs. In finding that the products were new drugs requiring premarket approval, FDA...more

AGG Food and Drug Newsletter - August 2017

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

ClientEarth Files Complaint with EU Ombudsman over EC Catalog of Nanomaterials Used in Cosmetic Products

ClientEarth announced on July 31, 2017, that it filed a complaint with the European Union (EU) Ombudsman about the European Commission’s (EC) “unlawful handling of a long-delayed list of nano-chemicals in cosmetics.” As...more

Selective distribution systems: AG Wahl advises to allow a ban on sales via online marketplaces

by White & Case LLP on

In his opinion in Coty, Advocate General ("AG") Wahl invites the European Court of Justice ("ECJ") to rule that a manufacturer operating a selective distribution system is, under certain conditions, allowed to prohibit its...more

Dietary Supplement & Cosmetics Legal Bulletin | July 2017

JAMA Study and Editorial Call for Improvements in Cosmetic Regulation and Surveillance - In response to a study analyzing adverse events for cosmetics and personal care products, the Journal of the American Medical...more

Gainful Employment and the AACS court decision: What it means for schools

by Thompson Coburn LLP on

On June 28, 2017, the D.C. District Court issued its opinion and order in the matter of the American Association of Cosmetology Schools (“AACS”) v. the U.S. Department of Education. AACS challenged the Department’s Gainful...more

EC Publishes Catalog of Nanomaterials Used in Cosmetic Products Placed on the EU Market

by Bergeson & Campbell, P.C. on

On June 15, 2017, the European Commission (EC) published a catalog of nanomaterials used in cosmetic products on the European Union (EU) market. Regulation (EC) No. 1223/2009 on cosmetic products requires the EC to publish a...more

Are We Due for a Makeover?

by Hogan Lovells on

Many have questioned what affect a proposed legislative facelift, to the cosmetic industry, will have on manufacturers, retailers and, of course, on consumers. According to the Department of Trade and Industry, the total...more

Dietary Supplement & Cosmetics Legal Bulletin | June 2017

LEGISLATION, REGULATIONS & STANDARDS - FTC Warns Companies and Social Media Influencers on Sponsorship Disclosure - The Federal Trade Commission (FTC) sent 90 letters to companies and social media influencers...more

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

Beware of Making Unsubstantiated Anti-Aging Claims

by Bryan Cave on

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Anti-Aging Litigation

by Bryan Cave on

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Nanomaterials Inventory for Cosmetics Will Be Published “in the Next Weeks”

by Bergeson & Campbell, P.C. on

ClientEarth published a January 11, 2017, blog item entitled “Three-year wait for nanomaterial risk data promised ‘in the next weeks.’” Under the Cosmetics Directive, the European Commission (EC) was to publish by January...more

Cosmetics Reform Activity Begins in the 115th Congress

As we have discussed in previous posts, Congress may be moving towards finally enacting some long-awaited cosmetics reform legislation this year. On January 13, Representative Pete Sessions (R-TX) reintroduced his cosmetics...more

FDA Recommends Maximum Level of Lead in Cosmetic Products . . . But Finds that Most Products Surveyed are Already Well Below the...

As 2016 comes to an end, the Food and Drug Administration (FDA or agency) is turning its attention to cosmetics by issuing a draft guidance on December 21, 2016 recommending a limit of “no more than 10 parts per million (ppm)...more

FDA Adverse-Event Reports Go Public

Years of adverse-event reports documenting problems associated with compromised food, dangerous drugs and harmful cosmetics are now available to the public. The information can be obtained, free of charge, via a downloadable...more

FDA Increases Transparency of Adverse Event Data for Cosmetics and Foods

On December 6th, FDA announced that it is publicly releasing data received by the Agency’s Center for Food Safety and Applied Nutrition (CFSAN) about adverse events related to cosmetics and foods, including both conventional...more

Show Me, Show Me, Show Me: FDA to Post Adverse Event Report Data Associated With Certain Products

by Arnall Golden Gregory LLP on

On December 7, 2016, the Food and Drug Administration announced that it would post on its website adverse event reports from January 2004 to the present for food (including food additives, color additives, and dietary...more

FDA's Public Posting of Adverse Event Reports: Four Things to Know

by Faegre Baker Daniels on

As part of a new initiative, the U.S. Food and Drug Administration (FDA) will begin publicly posting all consumer reports of adverse events related to food, dietary supplements and cosmetics. Here are four things companies in...more

EU to Evaluate Chemicals Used In Cosmetics for Potential New Regulations

by Kelley Drye & Warren LLP on

Several substances used as ingredients for cosmetic and other consumer products will be evaluated for possible regulatory action in the European Union in the next three years. On 27 October 2016, the European Chemicals...more

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