Seyfarth hosted its first “Future of Cosmetics and Personal Care Products" event in its New York office on November 12, 2019. The event brought together industry leaders and Seyfarth attorneys for a timely conversation on the...more
11/26/2019
/ Amazon Marketplace ,
Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Consumer Review Fairness Act (CRFA) ,
Corporate Branding ,
Cosmetics ,
Endorsements ,
Food and Drug Administration (FDA) ,
FTC Endorsement Guidelines ,
Funding Options ,
Influencers ,
Intellectual Property Protection ,
Litigation Fees & Costs ,
Marijuana ,
Marketing ,
Marketing Perspectives ,
Natural Products ,
Patent Infringement ,
Patents ,
Personal Care Products ,
Risk Management ,
USPTO
Synopsis: FTC publishes a quick-resource guide for influencers to encourage advertising compliance on social media.
...more
11/25/2019
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Social Media ,
Websites
Synopsis: Unhappy with the FDA’s position on branding, Congressional representatives seek to define “natural” narrowly to limit its use in consumer advertising....more
11/18/2019
/ Advertising ,
Brand ,
Cosmetics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marketing ,
NAD ,
Natural Products ,
Personal Care Products ,
Plant Based Products ,
Product Labels ,
Proposed Legislation ,
Regulatory Agenda
Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA...more
11/12/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Deceptive Intent ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Regulatory Agenda ,
Regulatory Oversight
Seyfarth Synopsis: Through a reintroduced House bill, Congress is taking strides to push for cosmetic regulation reform and, separately, through the SAFE Act, it is seeking to establish a safe harbor for financial...more
11/1/2019
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cosmetics ,
Farm Bill ,
Farms ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Hemp ,
Legislative Agendas ,
Licensing Rules ,
Marijuana ,
Personal Care Products ,
Proposed Legislation ,
Proposed Regulation ,
Proposed Rules ,
Public Health ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
Safety Standards ,
Toxic Chemicals ,
USDA
Seyfarth Synopsis: FTC publishes proposed consent order with cosmetic company that posted fake customer reviews but some FTC commissioners place doubt on its effectiveness because there is no financial penalty....more
10/25/2019
/ Antitrust Provisions ,
Comment Period ,
Consent Order ,
Consumer Review Fairness Act (CRFA) ,
Cosmetics ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Fraud ,
Misrepresentation ,
Online Reviews ,
Public Records ,
Regulatory Standards ,
Regulatory Violations ,
Settlement ,
Settlement Negotiations
On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The FTC aims to...more
9/17/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Misleading Impressions ,
Plant Based Products ,
Retail Market ,
Unfair or Deceptive Trade Practices ,
Warning Letters
Following last year’s passage of the 2018 Farm Bill, the National Credit Union Administration (NCUA) issued a regulatory update in August of 2019 to federally insured credit unions. Citing growth in hemp-related commerce,...more
9/11/2019
/ Anti-Money Laundering ,
Bank Secrecy Act ,
BSA/AML ,
Decriminalization of Marijuana ,
Farm Bill ,
Financial Services Industry ,
Hemp ,
Lending ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
NCUA ,
Regulatory Requirements
Seyfarth Synopsis: CBD is “thriving” in the current regulatory environment, but is it doing so illegally?
As former U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last week, “the CBD craze is...more
8/8/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Pending Legislation ,
Personal Care Products ,
Plant Based Products ,
Policy Statement ,
Product Labels ,
Regulatory Agenda ,
Regulatory Oversight ,
Working Groups
On July 11, 2019, the Antitrust Division of the United States Department of Justice announced a key policy change that now permits the Division to consider the existence and efficacy of corporate compliance programs in its...more
On January 8, 2019, Judge Grasz, writing for an Eighth Circuit panel, reiterated the need for district courts to determine Article III standing before approving class settlements....more
As 2019 is underway and the government is back up and running (at least for now), we have summarized for you key developments from 2018 and projections for 2019 on issues that we have been monitoring closely in the cosmetics...more
2/6/2019
/ Brand ,
Cannabidiol (CBD) oil ,
Class Action ,
Consumer Review Fairness Act (CRFA) ,
Cosmetics ,
Farm Bill ,
Food and Drug Administration (FDA) ,
FTC Endorsement Guidelines ,
Hemp ,
Influencers ,
Legislative Agendas ,
Marijuana-Infused Edibles ,
Natural Products ,
Organic ,
Patent Infringement ,
Personal Care Products ,
Popular ,
Product Labels ,
Regulatory Oversight ,
Regulatory Reform ,
Social Media
Seyfarth Synopsis: Rep. Schakowsky (D-Ill.) proposes latest cosmetics reform bill to enhance the FDA’s oversight of cosmetic products and ensure cosmetics are free of known toxins and contaminants....more
10/18/2018
/ Cosmetics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
Legislative Agendas ,
Manufacturers ,
Natural Products ,
Personal Care Products ,
Product Labels ,
Proposed Legislation ,
Retail Market ,
Toxic Chemicals ,
Toxic Exposure
On July 6, 2018, Leandra English, through her attorney via Twitter, announced she would be resigning from the Consumer Financial Protection Bureau (“CFPB”)....more
On June 25, 2018, the Food and Drug Administration (“FDA”) approved Epidiolex (cannabidiol), the first marijuana derived drug for use in the United States, to treat two rare forms of epilepsy....more
On June 21, 2018, in deciding a motion to dismiss a complaint brought the Consumer Financial Protection Bureau (“CFPB”)and the State of New York, Judge Loretta Preska of the U.S. District Court for the Southern District of...more
6/27/2018
/ Administrative Proceedings ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
PHH Corp. v CFPB ,
Removal For-Cause ,
Separation of Powers ,
Single Director ,
State and Local Government ,
Statutory Interpretation ,
Title X
Seyfarth Synopsis: What brings a celebrity to the Hill? A look at the current state of cosmetics regulations and potential effects of the Personal Care Products Safety Act that has gained famous support.
...more
The battle for control of the Consumer Financial Protection Bureau (“CFPB”) raged on last Thursday during oral argument before the United States Court of Appeals for the District of Columbia Circuit in English v. Trump....more
In response to “the void left by the Trump Administration’s pullback of the [CFPB],” the New Jersey Attorney General recently announced that Paul R. Rodriguez will be serve at the Director of the New Jersey Division of...more
Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB....more
2/7/2018
/ Administrative Agencies ,
Administrative Appointments ,
Article III ,
Banking Sector ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Independent Directors ,
PHH Corp. v CFPB ,
Popular ,
Presidential Appointments ,
Removal For-Cause ,
Standing ,
Trump Administration
On January 23, 2018, the Consumer Financial Protection Bureau’s (“CFPB”) Acting Director, Mick Mulvaney, issued a mission statement to the CFPB redirecting the agency’s mission and focus. Mulvaney emphasized that the law...more
1/29/2018
/ Banking Sector ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Deregulation ,
Enforcement Actions ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Mission Statement ,
Regulatory Agencies
Seyfarth Synopsis: A federal judge on Wednesday denied a request to remove Mick Mulvaney as the CFPB’s acting director, finding that the President has authority to appoint the acting director despite former CFPB Director...more
1/17/2018
/ Administrative Agencies ,
Administrative Appointments ,
Appeals ,
Banking Sector ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Federal Vacancies Reform Act ,
Notice of Appeal ,
Preliminary Injunctions ,
Presidential Appointments ,
Trump Administration
Seyfarth Synopsis: Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses.
...more
1/11/2018
/ Constitutional Challenges ,
Credit Card Surcharges ,
Credit Cards ,
Debit and Credit Card Transactions ,
Due Process ,
Financial Services Industry ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Injunctive Relief ,
Merchants ,
Retail Market ,
Retailers ,
Truth in Lending Act (TILA)
Seyfarth Synopsis: Pursuant to the the Congressional Review Act, President Trump officially repealed the CFPB Arbitration Rule.
As expected, President Trump signed the resolution to repeal the arbitration rule proposed...more
11/6/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Class Action ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Dodd-Frank ,
Financial Services Industry ,
Trump Administration
Seyfarth Synopsis: Financial institutions can maintain the status quo of their pre-dispute resolution clauses in consumer contracts because Senate voted against CFPB’s proposed arbitration rule....more
10/27/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Class Action ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Dodd-Frank ,
Financial Services Industry