News & Analysis as of

Cosmetics Labeling

Proskauer - Advertising Law

Amid Rise in Forever Chemicals Cases, Courts Dismiss PFAS Claims Which Rely on Inadequate Product Testing

As chemicals of concern litigation continues to surge across the nation, companies increasingly find their products under scrutiny for alleged contamination of these “forever chemicals.” These “forever chemicals” have become...more

Perkins Coie

Notable Ruling Roundup - January 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Terri Little v. Naturestar North America, LLC, et al., No. 1:22-cv-00232-JLT-EPG (E.D. Cal. –...more

BakerHostetler

FDA Issues Final Guidance on Registration and Listing of Cosmetic Product Facilities and Products

BakerHostetler on

Last month the United States Food and Drug Administration (“FDA”) issued its final guidance (“Guidance”) for the industry on cosmetic product facility registrations and product listings, as required by the Modernization of...more

Perkins Coie

Weekly Notable Ruling Roundup - December 2023 #2

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Carol Whyble, et al. v. The Nature’s Bounty Co., No. 7:20-cv-03257-NSR (S.D.N.Y.—October 31,...more

BakerHostetler

Transforming Cosmetics Regulation: FDA’s Mandatory Compliance Shift for Safer Beauty

BakerHostetler on

On August 7, 2023, the U.S. Food and Drug Administration (FDA, the Agency) published draft guidance aimed at assisting cosmetics companies with achieving and maintaining compliance with new cosmetic product facility...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023 #3

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Kari Warren v. The Coca-Cola Company, No. 7:22-cv-06907-CS (S.D.N.Y. – April 21, 2023): The...more

Nelson Mullins Riley & Scarborough LLP

First Substantial Reform of Cosmetics Law Since FDR Administration

President Biden signed into law the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”), as part of the Consolidated Appropriations Act, 2023. This is the first major reform of cosmetics regulation since the Federal...more

Bergeson & Campbell, P.C.

Congress Enacts Modernization of Cosmetics Regulation Act of 2022, Significantly Strengthening Regulation of Cosmetics

In a move that some may not have seen coming, Congress enacted the Modernization of Cosmetics Regulation Act of 2022 (MCRA) on December 29, 2022, as part of the Omnibus Appropriations Act. The MCRA significantly strengthens...more

MoFo Life Sciences

Congress Expands FDA Authority Over Cosmetics Regulation

MoFo Life Sciences on

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) was passed by the U.S. Congress as part of the omnibus Consolidated Appropriations Act enacted on December 29, 2022 and will grant the U.S. Food and Drug...more

King & Spalding

Nearly a Century in the Making: Congress Modernizes FDA’s Regulation of Cosmetics

King & Spalding on

The Modernization of Cosmetics Regulation Act of 2022 (“MOCRA”) was signed into law alongside other reforms to the Federal Food, Drug, and Cosmetic Act (“FD&C Act”) on December 29, 2022, as part of a broader consolidated...more

Hogan Lovells

Modernization of U.S. cosmetics regulation will be phased in over time - A detailed overview and preliminary analysis of the new...

Hogan Lovells on

On December 29, 2022, U.S. President Biden signed into law the "Consolidated Appropriations Act, 2023," which includes the Modernization of Cosmetics Regulation Act of 2022 (MOCRA). MOCRA reflects the most significant...more

Hogan Lovells

Welcome to the Holiday Guide 2021

Hogan Lovells on

The holiday shopping season is upon us once again and this year, as last, continues to present challenges for consumer companies and retailers. Omnichannel is growing in prominence as consumers maintain their reliance on...more

Vicente LLP

California Now Permits the Manufacture and Retail Sale of Hemp-Derived Products — Including CBD

Vicente LLP on

On October 6, 2021, Governor Newsom signed AB-45 into law. The bill, which takes effect immediately, permits the sale of food, beverages, dietary supplements, pet products, and cosmetics containing hemp-derived ingredients,...more

Kelley Drye & Warren LLP

SDNY Relies on “Simple Reading” of Label to Dismiss False Advertising Claim

Last week, a federal judge in the Southern District of New York dismissed a putative class action alleging that L’Oreal’s “EverSleek Keratin Caring” hair products deceived consumers into believing the products contained...more

Seyfarth Shaw LLP

False Advertising: Changing Your Business To Meet Market Needs During The COVID-19 Pandemic

Seyfarth Shaw LLP on

From severe shortages in medical masks and ventilation equipment worldwide to the curious “toilet paper desert” in America,  COVID-19 is creating temporary and long-term disruptions in the availability of both highly...more

Arnall Golden Gregory LLP

Is Your Cosmetic Product Really Natural? Congress Pushes for Legislation to Define the Term “Natural” for Cosmetics

The use of the term “natural” on the labeling of FDA-regulated products has been the source of many lawsuits in recent years, and even the subject of enforcement actions by the Federal Trade Commission (FTC). However,...more

Mintz

FDA Silent on CBD Regulation at Cosmetics Conference, But Legislation May Be Imminent

Mintz on

Regulation of cannabidiol (CBD) was a hot topic on Day 1 of ACI’s Cosmetics & Personal Care Products conference on March 28, 2019. Attendees asked many questions about legitimate uses of and claims for CBD, but definite...more

Kelley Drye & Warren LLP

NAD Addresses “Best Selling” Claims

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

Mintz - Consumer Product Safety Viewpoints

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

Carlton Fields

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

Carlton Fields on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

“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

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