News & Analysis as of

Cosmetics Advertising

Stradling Yocca Carlson & Rauth

Vegan Collagen and the Law: Clean Beauty Claims Face Legal Scrutiny, but Courts Urge Common Sense

Clean Beauty Legal Risks Clean beauty claims have become the current "flavor of the month" for consumer class action lawsuits, particularly in California, New York, Florida, and Texas, where plaintiff's bar activity is...more

Hinshaw & Culbertson - Health Care

Beyond the Glow: Key Medical Spa Compliance Challenges and Legal Pitfalls

The medical spa industry is rapidly growing, driven by technological advances and shifting consumer preferences for cosmetic and wellness services. While this growth offers many business opportunities for healthcare...more

Alston & Bird

For Your Consumption – March 2025: Always Reading the Tea Leaves

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In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 6

Reckitt Benckiser Tastes Sweet Success as Mucinex Honey False Ad Dismissed - Plaintiffs alleging that Reckitt Benckiser falsely advertised certain Mucinex products as containing honey failed to sufficiently allege that the...more

American Conference Institute (ACI)

[Event] 12th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products - March 27th - 28th, New York,...

Attend ACI’s 12th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products to stay ahead of the latest environmental and sustainability developments impacting cosmetics and personal care products...more

Kilpatrick

NAD 2024 Annual Report – Key Takeaways

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The National Advertising Division—an industry-leading self-regulatory agency that resolves advertising disputes—recently issued its 2024 annual report (available here). The Kilpatrick Advertising and Marketing Team, which...more

Kilpatrick

NAD Rejects Substantiation for "SolaWave Advanced Skin Care Wand" in Monitoring Decision

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The National Advertising Division (“NAD”) issued a new decision with helpful guidance for advertisers making performance claims about skincare products. NAD’s review of advertiser SolaWave’s substantiation for a wide range of...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin - December 2024

BBB National Programs’ National Advertising Division (NAD) has found claims by skincare company Drunk Elephant, LLC that its products are “safe for kids and tweens to use” to be supported but recommended the company modify...more

Kelley Drye & Warren LLP

Connecticut AG Investigates Skincare Products Marketed to Kids

If you’ve been on social media lately, depending on your algorithm, you may have witnessed tween influencers touting expensive skincare routines, or commentators lamenting the rise of the Sephora Kid. Before the holiday,...more

K&L Gates LLP

Litigation Minute: Class-Action Challenges to Natural and Clean Beauty Product Claims (Beauty and Wellness Series: Part Two of...

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What You Need To Know In A Minute Or Less - A recent rise in class-action complaints against beauty industry leaders, targeting the use of “clean” or “natural” descriptions in cosmetics, further highlights the tightrope...more

K&L Gates LLP

Litigation Minute: Beauty From Within and the Confusing Claims Landscape

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What You Need To Know In A Minute Or Less - The current industry trend “beauty from within” refers to a focus on wellness—namely physical, mental, and lifestyle—and its impact on beauty. Oral supplements that consumers can...more

Venable LLP

Marketing FDA-Regulated Products: An Excerpt from the Advertising Law Tool Kit

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The Food and Drug Administration (FDA) regulates the marketing of dietary supplements, over-the-counter (OTC) drugs, cosmetics, medical devices, foods, infant formula, pet foods/supplements, and even e-cigarettes. However,...more

BCLP

PFAS litigation update: The risks of consumer product marketing claims

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As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate...more

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - September 28th - 29th, Santa...

The American Conference Institute is hosting its first West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products in Santa Monica on September 28-29, 2023! This conference comes just in time to...more

Perkins Coie

Weekly Notable Ruling Roundup - July 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Alexis Slaten v. Christian Dior, Inc., No. 23-cv-00409-JSC (N.D. Cal. – May 12, 2023): The...more

BCLP

“Clean” Marketing Claims Land Cosmetics Companies in Messy Class Action Lawsuits

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Cosmetics marketed as “clean,” “cleaner” or “natural” are being challenged in class action lawsuits asserting that the cosmetics contain PFAS or other synthetic chemicals, and that the marketing claims are therefore false or...more

Perkins Coie

Congress Passes Major Update to Federal Cosmetics Regulation

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Buried within the thousands of pages of the Consolidated Appropriations Act of 2023 is the most significant statutory expansion to the U.S. Food and Drug Administration’s (FDA) authority over cosmetics since 1938...more

Hogan Lovells

Welcome to the Holiday Guide 2021

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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

Kelley Drye & Warren LLP

Dietary Supplement and Personal Care Product Regulatory and Litigation Highlights – March 2021

Welcome to our curated selection of highlights of regulatory and litigation developments in the dietary supplement and personal care product industries for March 2021. In case you were wondering what pain relief, teeth...more

BakerHostetler

AD-ttorneys@law: CBD Marketing: A Path Through the Legal Fog

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Being the best means continually building knowledge and pushing forward. And in a world of digital disruption, consumer marketers can’t afford to stumble. To navigate today’s most complex issues, thousands of subscribers read...more

BakerHostetler

AD-ttorneys@law – October 2020 #2

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Just the Carefully Worded, Interminable Facts, Ma’am - FDA widens dragnet on COVID-19 drug claims - DC ‘COVID-dential’ - Let’s repeat it again in case anyone out there doesn’t know already: “Currently there are no...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

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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

Seyfarth Shaw LLP

US House Representatives from New York Introduce Bill to Define “Natural” Cosmetics

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Synopsis: Unhappy with the FDA’s position on branding, Congressional representatives seek to define “natural” narrowly to limit its use in consumer advertising....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2019: Zero Stars: FTC Settles with Skincare Company Over Fake Online Reviews

Until recently, Texas skincare company Sunday Riley was one of the shining stars of the lucrative cosmetics market – its products were featured at high-end retailers such as Sephora and Nordstrom, high-profile influencers and...more

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