Recent Posts

Unintentional Drug Claims on Cosmetics Not Actionable

Last month, a long running case against Beiersdorf, Inc., makers of Nivea, was dismissed.  I would normally prepare a summary myself, but in this case, the first 3 paragraphs of the court’s opinion provides a great summary: Five years ago, Ashley Franz purchased a $10 bottle of Nivea’s Skin Firming Hydration Body Lotion from a […]

Join Me at Expo West for a Presentation on “Greenwashing: FDA/FTC Investigations on the Rise – How to Safeguard Your Company”

What better way to spend Saturday afternoon after spending a few days walking the exhibit floor?!  If you attend the Natural Products Expo West, I hope you will join me for the informative and thought provoking presentation: Greenwashing: FDA/FTC Investigations on the Rise – How to Safeguard Your Company.  The presentation is sponsored by California Baby.

USDA Seeking Comments: Organic Research, Promotion, and Information Order Proposed Rule

The United States Department of Agriculture (USDA) issued a Proposed Rule and a Proposed Order relating to the development of an Organic Research, Promotion, and Information Order.  The Proposed Rule invites comments for conducting a referendum to determine whether entities are in favor of the issuance of the Proposed Order.  The Proposed Order, on the other hand, could result […]

Science & Innovation Driving the Beauty Category Workshop at SupplySide West

Are you going to SupplySide® West? If so, I hope you will join me and two other presenters at the Workshop titled “Science & Innovation Driving the Beauty Category.”  In the workshop, I will discuss the legal requirements relating to supply chain verification and best practices relating to novel cosmetic ingredients. 

Starbucks False Advertising Case Dismissed: Yes, Cold Drinks Contain Ice

(Okay– so this one isn’t specifically a “cosmetics” case– but its provides some good “Take Away” points) Last Friday (Aug. 19, 2016), a California federal judge dismissed a proposed class action against Starbucks based on its purported trickery of under filling its cups with actual liquid, explaining that a reasonable consumer would expect a cold drink […]

“Organic” Claims on Non-Agricultural Goods: FTC to Hold Public Meeting

In 2015, as a follow-up, in part, to the “Green Guides,” the Federal Trade Commission (“FTC”) and the USDA’s National Organic Program (“NOP”) co-funded an Internet-based study that surveyed 8,015 consumers about their perceptions and understanding of “recycled content” and “organic” claims. A purpose of the study was to determine whether additional guidance regarding the […]

NSF GRMA Joint Committee for Cosmetics Looking for Members

NSF is seeking experts to serve on the GRMA Joint Committee for Good Manufacturing Practices for Cosmetics.  Specifically, members from industry (cosmetic manufacturers) and public health (academia, government, public health officials, doctors) are still needed before the Joint Committee may be officially formed.  Members provide technical guidance, review and vote on revisions to draft/proposed NSF/ANSI standards, […]

Busy “Warning Letters” Month for Cosmetics

In July, the U.S. FDA issued four warning letters to cosmetics companies.  Although only two were prepared by the same office, there were consistent themes across the four letters.  As previously discussed here, the FDA continues to crack down on companies making what amount to drug claims on various “cosmetic” products.  But what companies need […]