Sunscreen Innovation Act Approved by President Obama

On November 26, 2014, the Sunscreen Innovation Act (S. 2141) was approved by President Obama and became law.  The Sunscreen Innovation Act is intended to streamline the process by which the FDA will review new sunscreen ingredients.

The following is a summary of some of the key features of the Act: Continue reading “Sunscreen Innovation Act Approved by President Obama”

“Unscented” Cosmetic Claims Don’t Pass “the Smell Test”

“Unscented” Cosmetic Claims Don’t Pass “the Smell Test”

A putative class action lawsuit was filed early last week against Church & Dwight, Proctor & Gamble, Revlon, Dial Corporation, and Henkel Corporation, for allegedly misleading consumers by labeling their respective deodorants as “unscented,” when, per the complaint, they products all have “a noticeable and unmistakable scent.” The plaintiff seeks to represent a nationwide class of consumers duped by the “unscented” claim. Continue reading ““Unscented” Cosmetic Claims Don’t Pass “the Smell Test””

Protecting Your Brand Requires Zealous Policing of Your Marks—Not Just Registration

Protecting Your Brand Requires Zealous Policing of Your Marks—Not Just Registration

Having a federally registered mark does not mean your brand is safe from potential infringers. Instead, protecting your brand requires zealous policing of your marks.  As an example, in September, a European cosmetics company, Kroma EU, filed a trademark infringement suit in Florida against the Kardashian sisters alleging they began marketing a competing makeup line, called Khroma, after Kroma EU and its founder, Lee Tillett, contacted Kim Kardashian to ask her to represent the line. Apparently, the Kardashians can get press for something other than their social life, fad diets or fashion choices. Continue reading “Protecting Your Brand Requires Zealous Policing of Your Marks—Not Just Registration”

Class Certified in “Organic” Cosmetic Lawsuit Against The Hain Celestial Group

Hain Celestial Group, Inc. has faced a number of lawsuits challenging the labeling and advertising of its various brands.  In fact, since 2008, Hain has faced at least seven putative class actions as well as one action by a competitor. The suits have challenged the company’s use of “organic,” “natural,” “pure & natural,”100% vegetarian,” and “raw” on products ranging from waffles, to juice, to cosmetics. In each case, the various plaintiffs have alleged that Hain’s labeling and advertising is misleading to consumers, misrepresents the quality or characteristics of the products, and amounts to false advertising. Hain has successfully defended four of those suits (see the article I wrote titled “Hain’s Legal Battles Offer Class Action Defense Strategies“). This past Friday, on November 14, 2014, Hain’s lost one battle (though not the war) when the court in Brown, et al., v. The Hain Celestial Group, No. 11-03082 LB, certified a class of buyers of certain products within The Hain Celestial Group’s brands Jason and Avalon Organics. In the case, the plaintiffs challenge Jason-brand tag line, “Pure, Natural, & Organic,” and the use of “organic” in the brand name, Avalon Organics.    Continue reading “Class Certified in “Organic” Cosmetic Lawsuit Against The Hain Celestial Group”

J&J Escapes Class Action over “Restores Enamel” Claims– & FDCA Prevails

On November 4, 2014, a New York federal judge granted J&J’s motion to dismiss a putative class action lawsuit which accused J&J of using false and misleading labeling to market its Listerine mouthwash.  In J&J’s motion, it argued that the claims were preempted by the federal Food, Drug, and Cosmetics Act (FD&C Act). Continue reading “J&J Escapes Class Action over “Restores Enamel” Claims– & FDCA Prevails”

Campaigns for Safer Cosmetics — A Glance at EU and U.S. Laws

Erlenmeyer Flask with Red Liquid

Over the coming months, I will present elements of the new EU Regulation 1223/2009 (Cosmetics Regulation) with a discussion of differences between the U.S. and E.U. rules.   This first installment pertains to prohibited substances and provides a glance at some recently enacted or pending legislation pertaining to chemicals. Continue reading “Campaigns for Safer Cosmetics — A Glance at EU and U.S. Laws”