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False Advertising Cosmetics

Venable LLP

Ad Law Tool Kit Show – Episode 6 – Mitigating Class Action Exposure

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Listen to Episode 6 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Dan Silverman talks to host Shahin Rothermel about mitigating class action exposure. Check out the episode....more

Perkins Coie

Weekly Notable Ruling Roundup - December 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. Zaida Hicks, et al. v. L’Oreal USA, Inc., No. 1:22-cv-03926-JPC (S.D.N.Y. – September 30,...more

Perkins Coie

Appellate Courts Issue Reasonable Consumer Defense Wins in Food Litigation Cases

Perkins Coie on

The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss...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

Perkins Coie

Weekly Notable Ruling Roundup - July 2023

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. - 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

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

Faegre Drinker Biddle & Reath LLP

Natural Cosmetics: Products Without a Clear Definition

Consumer demand for natural cosmetics continues to grow. A Bloomberg News article projected the natural cosmetics market to grow over 5% annually and to be worth $48.04 billion by 2025. The article noted that high demand for...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

Foley Hoag LLP

Product Liability Update: November 2019

Foley Hoag LLP on

First Circuit Holds Plaintiff Adequately Alleges Deceptive Practices Claim For No-Hazelnut Coffee Labeled “Hazelnut Créme” Despite Ingredient List Excluding Hazelnuts And Mentioning Artificial Flavors, Allegation Of Deception...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

Sheppard Mullin Richter & Hampton LLP

“Good Genes?”: Maybe Not. FTC Takes Action Against Sunday Riley and Sunday Riley Modern Skincare, LLC For Employees False Reviews

Sunday Riley launched her skincare firm Sunday Riley Modern Skincare, LLC (“SRMS”) in 2009 and its skincare products, including Good Genes, Power Couple, U.F.O., C.E.O., Luna and Tidal, have enjoyed tremendous success, having...more

Alston & Bird

Food & Beverage Digest – August 2019

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases...more

Knobbe Martens

A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

Knobbe Martens on

Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin l November 2018

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

Seyfarth Shaw LLP

The Campaign For “Clean” Cosmetics Through Regulation Reform Continues

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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

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2018

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

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | June 2018

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

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | April 2018

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

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | March 2018

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

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | February 2018

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

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | December 2017

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

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

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

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | June 2017

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

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