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 [...]

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

To Register and learn more click here 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 [...]

“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. First, agricultural products, which comply with the NOP, may [...]

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 [...]

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 [...]

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 [...]