Is that “Made in U.S.A.” Claim More than Skin Deep?

Is that “Made in U.S.A.” Claim More than Skin Deep?

Just as California has its own way of regulating “organic” claims on cosmetics, it also has its own particular way of regulating, and allowing enforcement of, “Made in the USA” claims.  And, unfortunately for out-of-state companies looking to sell products in California, it varies significantly enough from the Federal Trade Commission’s (FTC) “Made in USA” standard to cause companies potential legal risks in California. Continue reading “Is that “Made in U.S.A.” Claim More than Skin Deep?”

Join me & others for a webinar on Anti-Aging Hair Care, put on by The forum

Anti-Aging Hair Care Webinar

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In this unique discussion, forum’s expert panel will explore how skin care trends are shaping up the future of hair care to bring more advanced anti-aging treatments. The panel will dissect these trends, examine growth opportunities and discuss the scientific challenges of formulating anti-aging hair care products that remain efficacious while producing beautiful looking hair.

“Organic” Cosmetics? A Response

Earlier this week, I saw a Twitter feed for a story published by The Associated Press called “The meaning of ‘organic’ hazy for nonfood items.” I decided it may be helpful to provide a response–at least as to cosmetics –about a few things mentioned in the article. Continue reading ““Organic” Cosmetics? A Response”

Cosmetic? Drug? How Puffery May Cause Your Product to be a Drug

The post “When Puffery Crosses the Line” discussed the basic tenets of puffery, or seller’s puff, in cosmetic advertising.  In addition to running the risk that advertising claims may fall into the realm of false advertising, classic cosmetic puffery may also cause a cosmetic to be a drug under the Federal Food, Drug, & Cosmetic Act (“FD&C Act”). Continue reading “Cosmetic? Drug? How Puffery May Cause Your Product to be a Drug”

When Puffery Crosses the Line

“Puffery,” or “seller’s puff,” is an exaggerated or over the top general promotional statement that a reasonable person would not take literally. For example, the claim that “Lilly’s Magic Lotion is the best lotion on the market”  would be considered puffery. The claim that the lotion “is the best” is general and a court would find that a consumer could not reasonably take such a claim literally.  Continue reading “When Puffery Crosses the Line”

Cosmetics Industry Continuing to Face Slack Fill Challenges

Recently, local California news channels reported a quarter million dollar settlement involving a store branded line of cosmetic products.  I do not generally name companies involved in such settlements (and will not do so here), but the claims settled in the suit are a good topic of discussion to help your company avoid or at least minimize its legal risks.  In the action, four California District Attorneys (DAs) (from the counties of Fresno, Yolo, Sacramento, and Shasta) alleged the retailer violated state regulations by misrepresenting product sizes or quantity of its store branded cosmetic products with the “use of oversized and non-functional slack-fill and/or false sidewalls and/or false bottoms.”  Continue reading “Cosmetics Industry Continuing to Face Slack Fill Challenges”