Diesch Forrest APC helps cosmetic companies to keep Looking good in the eyes of the law! – Cosmetics & The Law provides cosmetic industry professionals with valuable tips, thoughts, and problem-solving ideas on the business and law of cosmetics with an emphasis on the legal issues facing the industry. The blog's goal is to help industry professionals help their companies, big and small, to prevent or minimize legal risks and to stay apprised of the legal issues affecting the cosmetic industry.
On January 9, 2015, the FDA issued a warning letter to Derma Pen, LLC, claiming the company’s micro-needle dermabrasion device is an adulterated and misbranded Class 1 medical device and challenging the marketing of the company’s line of “cosmeceuticals” as misbranded drugs. Continue reading “FDA Warning Letter: Needling Device Exceeds Dermabrasion Exemption”
In December 2014, Maker’s Mark was hit with a putative class action lawsuit challenging its use of the claim “Handmade.” According to the complaint, Maker’s Mark Whisky’s manufacturing process uses a mechanized and/or automated process with little to no human supervision, assistance, or involvement. If the whiskey was originally “handmade,” does the subsequent mechanization cause the original product to no longer be “handmade”? For that matter, what does “handmade” mean? Does it have value as a marketing term? Maker’s Mark is not the first company to have its “handmade” claims challenged, and according to the lawsuits, products labeled as “handmade” sell for a premium. Thus, could “handmade” claims be the next target for significant class action litigation? Continue reading ““Handmade” Claims Next Target for Class Action Litigation?”
Although regulatory actions regarding cosmetics products generally involve the finished product cosmetics manufacturer or marketer, scrutiny in other industries by the FDA, the FTC, and the National Advertising Division (“NAD”) against suppliers provides a valuable warning. In particular, although a supplier is generally not the entity advertising directly to the consumer purchasing a cosmetics product, recent regulatory actions show that claims by ingredients suppliers must meet the same level of scrutiny as the finished products being presented to consumers at the retail shelf. Suppliers, manufacturers, and marketers are responsible for checking the facts first. Blindly relying on upstream supplier claims can lead not only to regulatory action, but also indemnity claims resulting from consumer lawsuits. Continue reading “Claim Substantiation– Who’s Responsibility is it?”
Are you ready? It is time to comply with the California Air Resources Board’s (“CARB”) new reporting requirements– The 2013 Consumer & Commercial Products Survey. All companies selling “chemically formulated consumer and commercial products in or into California MUST report their 2013 sales and formulation data. Continue reading “Are You Ready? It’s Time to Comply with the California Air Resources Board’s New Reporting Requirements”
