LEGISLATION, REGULATIONS & STANDARDS -
Vermont Governor Signs Law Banning PFAS from Cosmetics -
Vermont Gov. Phil Scott has signed into law a bill banning several chemicals including per- and polyfluoroalkyl...more
The Better Business Bureau’s National Advertising Division (NAD) has ruled that Fenty Skin LLC provided a reasonable basis for certain product claims made during product demonstrations on social media featuring influencers...more
SHOOK SPOTLIGHTS -
Shook Attorneys Discuss California ‘Junk Fee’ Amendment -
On July 1, 2024, the “junk fee” amendment to the California Consumers Legal Remedies Act (CLRA) will take effect. Under this new provision,...more
The Fifth Circuit recently clarified the applicability of the pleading standard in assessing fraudulent joinder and applied two major Supreme Court personal jurisdiction decisions in new contexts. Glen Pace, a Mississippi...more
In 2023, the U.S. Food and Drug Administration (FDA) took several steps to implement the Modernization of Cosmetics Regulation Act (MoCRA), which was signed into law in December 2022. The law requires cosmetic manufacturers...more
HIGHLIGHTS IN 2023 DEVELOPMENTS -
FDA Takes Steps to Implement MoCRA -
In 2023, the U.S. Food and Drug Administration (FDA) took several steps to implement the Modernization of Cosmetics Regulation Act (MoCRA), which...more
LEGISLATION, REGULATIONS & STANDARDS -
FDA to Push Back Enforcement of Certain MoCRA Requirements -
The U.S. Food and Drug Administration (FDA) has announced that it intends to delay enforcement of cosmetic product...more
The U.S. Food and Drug Administration (FDA) has announced that it intends to delay enforcement of cosmetic product facility registration and product listing requirements under the Modernization of Cosmetics Regulation Act...more
The Fifth Circuit’s recent decision in Van Winkle v. Rogers, No. 22-30638, 2023 WL 5994138 (5th Cir. Sept. 15, 2023), underscores the critical importance of preserving evidence while also reinforcing Federal Rule of Evidence...more
The U.S. Food and Drug Administration (FDA) has issued draft guidance on cosmetic product facility registrations and product listings, which are required by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)....more
A proposed U.S. Food and Drug Administration (FDA) restructuring plan seeks to move cosmetics regulation and color certification out of the Center for Food Safety and Applied Nutrition and into the Office of Chief Scientist...more
In a year-end $1.7 trillion spending package in late December, Congress voted to increase FDA's oversight of cosmetics and their ingredients. A portion of the bill titled the Modernization of Cosmetics Regulation Act requires...more
The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more
LEGISLATION, REGULATIONS & STANDARDS -
Former FDA Commissioners, Industry Groups Show Support for Modernized FDA Regulatory Framework -
In recent months, two former U.S. Food and Drug Administration (FDA) commissioners and...more
12/29/2022
/ Cancer ,
Cosmetics ,
Dietary Supplements ,
Enforcement Actions ,
Food and Drug Administration (FDA) ,
Health Claims ,
Healthcare ,
Misbranding ,
National Institute of Health (NIH) ,
Personal Care Products ,
Popular ,
Public Health ,
Regulatory Agenda ,
Warning Letters ,
Weight-Loss Products
In recent months, two former U.S. Food and Drug Administration (FDA) commissioners and the heads of four major cosmetics industry groups have called on Congress to pass legislation that would modernize FDA's regulatory...more
The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more
LEGISLATION, REGULATIONS & STANDARDS -
U.S., States Aim to Regulate Cosmetics Ingredients and Research Methods -
Federal and state legislatures aimed to bring more scrutiny to cosmetics in 2019 by considering measures...more
2/4/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cosmetics ,
Dietary Supplements ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Legislative Agendas ,
Marijuana-Infused Edibles ,
Marketing ,
Medical Foods ,
NAD ,
Natural Products ,
Personal Care Products ,
Plant Based Products ,
Putative Class Actions ,
Regulatory Agenda ,
Regulatory Oversight ,
Retail Market ,
Unfair or Deceptive Trade Practices
LEGISLATION, REGULATIONS & STANDARDS -
FDA Study Finds Sunscreen is Absorbed into Bloodstream -
JAMA has published a study conducted by researchers at the U.S. Food and Drug Administration (FDA) Center for Drug...more
6/5/2019
/ Advertising Standards Authority ,
Center for Drug Evaluation and Research (CDER) ,
Contamination ,
Cosmetics ,
CVS ,
Dietary Supplements ,
Food and Drug Administration (FDA) ,
GNC ,
Health & Safety Standard ,
JAMA ,
L'Oreal ,
NAD ,
NLEA ,
Personal Care Products ,
Pharmaceutical Industry ,
Preemption ,
Product Labels ,
Putative Class Actions ,
UK
U.S. Congress found it necessary to provide manufacturers of biomaterials—component parts or raw materials for implantable medical devices—protection from liability in litigation involving the manufacture and use of an...more
LEGISLATION, REGULATIONS & STANDARDS -
Personal Care Products Legislation Introduced in Congress -
Rep. Janice Schakowsky (D-Ill.) has introduced the Safe Cosmetics and Personal Care Products Act of 2018, which would...more
11/27/2018
/ Advertising Standards Authority ,
Consumer Complaint Management ,
Cosmetics ,
Dietary Supplements ,
Disclosure Requirements ,
European Food Safety Authority (EFSA) ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
JAMA ,
Legislative Agendas ,
Personal Care Products ,
Pharmaceutical Industry ,
Preemption ,
Proposed Legislation ,
Putative Class Actions ,
Registration Requirement ,
UK ,
Unfair or Deceptive Trade Practices ,
Weight-Loss Products
LEGISLATION, REGULATIONS & STANDARDS -
California Passes Professional-Cosmetics, Animal-Testing Laws -
California Governor Jerry Brown has signed a law that will bring labeling for professional cosmetics in line with...more
10/12/2018
/ Animal Testing ,
Class Action ,
Class Certification ,
Clinical Laboratory Testing ,
Cosmetics ,
Dietary Supplements ,
EU ,
False Advertising ,
Food and Drug Administration (FDA) ,
L'Oreal ,
Lead Poisoning ,
Microbeads ,
NAD ,
Natural Products ,
New Legislation ,
Personal Care Products ,
Proposition 65 ,
Public Health ,
Putative Class Actions ,
Pyramid Schemes ,
Regulatory Requirements ,
State and Local Government ,
Weight-Loss Products
LEGISLATION, REGULATIONS & STANDARDS -
FDA Warns About Color Additives, Manufacturing Practices -
The U.S. Food and Drug Administration (FDA) has warned three dietary-supplement manufacturers about their marketing and...more
8/9/2018
/ Animal Testing ,
Canada ,
Class Action ,
Cosmetics ,
CVS ,
Dietary Supplements ,
Enforcement Actions ,
EU ,
False Billing ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
L'Oreal ,
Legislative Agendas ,
Marketing ,
NAD ,
Organic ,
Pending Legislation ,
Permanent Injunctions ,
Personal Care Products ,
Product Packaging ,
Putative Class Actions ,
Slack-Fill Suits ,
Unfair or Deceptive Trade Practices
LEGISLATION, REGULATIONS & STANDARDS -
Hawaii Bans Two Sunscreen Ingredients -
The Hawaii legislature has passed a law that will prohibit the sale or distribution of sunscreen containing oxybenzone and octinoxate after...more
6/18/2018
/ Advertising Standards Authority ,
Americans with Disabilities Act (ADA) ,
Animal Testing ,
Cosmetics ,
CVS ,
Dietary Supplements ,
EU ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
Health Claims ,
NAD ,
Natural Products ,
New Legislation ,
Personal Care Products ,
Pharmaceutical Industry ,
Product Labels ,
Proposition 65 ,
Putative Class Actions ,
Settlement ,
UK ,
Unfair or Deceptive Trade Practices ,
Warning Labels ,
Website Accessibility
FDA Issues Guidance on Concentrated Caffeine -
The U.S. Food and Drug Administration (FDA) has released guidance clarifying that "dietary supplements containing pure or highly concentrated caffeine in powder or liquid...more
5/2/2018
/ Advertising ,
Animal Testing ,
Article III ,
Class Action ,
Cosmetics ,
Dietary Supplements ,
Economic Injuries ,
Enforcement Actions ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Guilty Pleas ,
Hazardous Substances ,
Health Claims ,
Mail Fraud ,
NAD ,
Natural Products ,
Personal Care Products ,
Pharmaceutical Industry ,
Product Labels ,
Product Recalls ,
Public Health ,
Public Meetings ,
Regulatory Standards ,
Salmonella ,
Standing
Senate Committee Proposes Cosmetics Regulation Amendment -
The Senate Committee on Health has released a discussion draft of a proposed amendment to the Federal Food, Drug and Cosmetic Act (FDCA) that would establish greater...more
4/2/2018
/ Animal Testing ,
Asbestos ,
Children's Products ,
Cosmetics ,
Dietary Supplements ,
Enforcement Actions ,
EU ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marketing ,
Natural Products ,
Proposed Legislation ,
Putative Class Actions ,
Regulatory Standards ,
Website Owner Liability