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
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The U.S. Food and Drug Administration (FDA) has issued draft guidance on cosmetic product facility registrations and product listings, which are required by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)....more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
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
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
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
FDA Issues Draft Guidance for Homeopathic Drug Products -
The U.S. Food and Drug Administration (FDA) has issued draft guidance, "Drug Products Labeled as Homeopathic," that would prioritize enforcement and regulatory...more
2/8/2018
/ Asbestos ,
CEQA ,
CGMP ,
Children's Products ,
Class Action ,
Cosmetics ,
Dietary Supplements ,
Draft Guidance ,
Enforcement Actions ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
Health Claims ,
Homeopathic Remedies ,
Marketing ,
NAD ,
Natural Products ,
Personal Care Products ,
Product Labels ,
Regulatory Violations ,
Retail Market ,
Slack-Fill Suits ,
Warning Letters ,
Whole Foods
Sen. Hatch Introduces New Bill Regulating Cosmetic Safety -
Sen. Orrin Hatch (R-Utah) has introduced legislation aiming to modernize cosmetics regulation, proposing amendments to the Federal Food, Drug and Cosmetic Act...more
12/13/2017
/ Advertising Standards Authority ,
Cosmetics ,
Dietary Supplements ,
EU ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
Health Claims ,
International Trade Commission (ITC) ,
Legislative Agendas ,
NAD ,
Personal Care Products ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Labels ,
Proposed Legislation ,
Public Comment ,
Regulatory Standards ,
Tattoos ,
UK
The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more
10/26/2017
/ Advertising ,
Advertising Standards Authority ,
Article III ,
Breach of Contract ,
Breach of Warranty ,
Class Action ,
Class Certification ,
Colgate ,
Cosmetics ,
Covenant of Good Faith and Fair Dealing ,
Department of Justice (DOJ) ,
Dietary Supplements ,
Endangered Species Act (ESA) ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Fraud ,
FTC Guidelines ,
Health Claims ,
Illegal Imports ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lacey Act ,
Lanham Act ,
Manufacturers ,
Marketing ,
Microbeads ,
Misbranding ,
NAD ,
Natural Products ,
Personal Care Products ,
Product Packaging ,
Regulatory Violations ,
RICO ,
Social Media ,
Standing ,
Supply Chain ,
Toxic Chemicals ,
Trade Dress ,
UK ,
Unjust Enrichment ,
YouTube
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
7/19/2017
/ Civil Rights Act ,
Cosmetics ,
Dietary Supplements ,
EU ,
European Court of Justice (ECJ) ,
Food and Drug Administration (FDA) ,
JAMA ,
Microbeads ,
Natural Products ,
Personal Care Products ,
Pollution Control ,
Product Packaging ,
Putative Class Actions ,
Regulatory Oversight ,
Retail Market ,
Safety Standards
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
6/2/2017
/ Advertising ,
Class Action ,
Cosmetics ,
Dietary Supplements ,
Disclosure Requirements ,
EU ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Legislative Agendas ,
Marketing ,
Nutritional Supplements ,
Prescription Drugs ,
Product Labels ,
Proposed Legislation ,
Social Media ,
Trade Secrets ,
Websites
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
6/1/2017
/ All Natural ,
Campbell Ewald v Gomez ,
Class Action ,
CLRA ,
Consent Order ,
Consumer Product Companies ,
Consumer Protection Laws ,
Cosmetics ,
Damages ,
Department of Health and Human Services (HHS) ,
Dietary Supplements ,
Dismissals ,
Environmental Protection Agency (EPA) ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Fraud ,
Health Claims ,
Injunctive Relief ,
Magnuson-Moss Act ,
Misleading Impressions ,
NAD ,
Preemption ,
Private Right of Action ,
Public Comment ,
Refunds ,
Restitution ,
Scientific Evidence ,
Settlement Offer ,
UK ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment ,
Weight-Loss Products