News & Analysis as of

Personal Care Products

Loeb & Loeb LLP

From Beauty Trend to Sweeping State Mandates: What Brands Need to Know about the Rise of "Toxic Free" Laws

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FDA Stalls, But States Push to Keep It Clean Congress and FDA lauded the Modernization of Cosmetics Regulation Act (MoCRA), enacted in 2022, as sweeping federal legislation to increase cosmetic safety and quality standards....more

Venable LLP

Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper

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In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more

Goldberg Segalla

Louisiana Jury Returns $3M Plaintiff Verdict in Talc Trial

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Jurisdiction: Civil District Court for the Parish of Orleans, State of Louisiana - A Louisiana Jury returned a plaintiff’s verdict May 7 after an eight-week trial against Johnson & Johnson and Pecos River Talc LLC....more

Cozen O'Connor

Texas Investigates Marketing of Crest Children’s Fluoride Toothpaste

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Texas AG Ken Paxton issued CIDs to Colgate-Palmolive Company and Proctor & Gamble Manufacturing Co., which advertise and sell Crest branded toothpaste, over allegations that the companies deceptively marketed fluoride...more

Venable LLP

Compliance and Safety: Look to Both When Evaluating the Compositions of Your FDA-Regulated Products

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The composition of FDA-regulated products is coming under increasing scrutiny from FDA, state governments, consumer watchdog groups, and the plaintiff’s bar. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

FDA Contradicts Benzene Class Actions, Highlighting Risks of Third-Party Lab Testing

In March 2024, Valisure, an independent quality advocate, filed a citizen petition claiming to have detected elevated levels of benzene in benzoyl peroxide acne treatment products. Valisure’s petition included testing results...more

Kelley Drye & Warren LLP

Two Class Actions Take a ShOt at Substantiation for Lemme’s GLP-1 Daily Supplement

Two new class action complaints, both captioned Robins v. Lemme Inc., were filed in in California Superior Court and the Southern District of New York on February 19 and March 9, respectively....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

Alston & Bird

Addition of Vinyl Acetate to Proposition 65 List

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The California Office of Environmental Health Hazard Assessment recently added vinyl acetate to the Proposition 65 list of carcinogens. Our Environment, Land Use & Natural Resources Group discusses what companies need to...more

DLA Piper

Federal Circuit Asked to Rethink ITC’s Longstanding Exclusion of Investment Categories for Economic Domestic Industry

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A US Court of Appeals for the Federal Circuit panel consisting of Judges Sharon Prost, Richard Taranto, and Raymond Chen recently heard oral argument in Lashify, Inc. v. US International Trade Commission, an appeal from a...more

Fenwick & West LLP

Tilbury Battles Beauty Dupes with Marketing Savvy—But IP Still Matters

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Charlotte Tilbury is responding to the growing trend of beauty copycats, or dupes, with a sharp focus on marketing. Last month, cosmetics and beauty brand e.l.f. avoided liability for duping competitor Benefit’s Roller...more

Troutman Pepper Locke

Trademark Case Shows Infringement Is Often in the Eye of the Beholder — Federal Court Rules in Favor of Beauty Company’s “Dupe”...

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Conventional notions of trademark law suggest that emulating a popular product or service carries certain legal risks. However, a recent federal ruling highlights the complexities of trademark infringement cases involving...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

Keller and Heckman LLP

November 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...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

Keller and Heckman LLP

October 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Epstein Becker & Green

New Jersey General Assembly Passes Legislation Prohibiting Sale of Diet Pills, Weight Loss/Muscle Building Supplements to Minors

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As the dietary supplement industry continues to draw attention from Congress, state attorneys general, and class action lawyers, now comes another state law prohibiting the sale of over-the-counter (“OTC”) dietary supplements...more

Shook, Hardy & Bacon L.L.P.

Bill Banning Weight Loss Supplement Sales to Minors Passes NJ Assembly - Dietary Supplement & Cosmetics Legal Bulletin

The New Jersey General Assembly has passed a bill that would prohibit the sale of certain diet pills and dietary supplements for weight loss or muscle building to those under 18. AB 1848...more

Perkins Coie

Q3 2024 - Food and CPG Legal Trends

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Perkins Coie is pleased to publish its Q3 Food and CPG Legal Trends Report. This report is a bite-size version of our annual year in review, providing timely insights on trends. In the third quarter of 2024, the Consumer...more

Keller and Heckman LLP

September 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Stikeman Elliott LLP

Health Canada: Changes to the Cosmetic Regulations

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The Regulations Amending Certain Regulations Concerning the Disclosure of Cosmetic Ingredients (SOR/2024-63) (the “Amended Cosmetic Regulations), published on April 24, 2024, took effect on October 9th (with the exception of...more

Shook, Hardy & Bacon L.L.P.

Congresswomen Press FDA on Ban on Formaldehyde in Hair Products - Dietary Supplement & Cosmetics Legal Bulletin

U.S. Representatives Ayanna Pressley (D-Mass.), Nydia M. Velázquez (D-N.Y.) and Shontel Brown (D-Ohio) have sent a letter to U.S. Food and Drug Administration (FDA) Commissioner Robert Califf seeking an update on the...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin - September 2024

U.S. Representatives Ayanna Pressley (D-Mass.), Nydia M. Velázquez (D-N.Y.) and Shontel Brown (D-Ohio) have sent a letter to U.S. Food and Drug Administration (FDA) Commissioner Robert Califf seeking an update on the agency’s...more

Keller and Heckman LLP

August 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin - August 2024

U.S. Senate Majority Whip Dick Durbin (D-Ill.) has introduced the Dietary Supplement Listing Act of 2024, which would require companies to provide the U.S. Food and Drug Administration with information such as product names,...more

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