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

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 to include both the liquid and ice.  In its order the court determined:

Starbucks has not stated that its Cold Drinks contain a specific amount of liquid. Instead, Starbucks has stated that its iced drinks, which contain some amount of liquid and some amount of ice, are offered for sale in cups of various sizes.

Continue reading “Starbucks False Advertising Case Dismissed: Yes, Cold Drinks Contain Ice”

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

“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 two claims should be provided through an amendment to the earlier Green Guides.  Per the report, issued last week, the conclusions drawn from the study do not justify changes or additions to the FTC’s prior guidance on “recycled” claims, but do justify considering additional guidance for “organic” claims. Thus, the FTC and USDA are holding a public roundtable on October 20, 2016, to explore organic claims for non-food products, and how they can work together to reduce deceptive “organic” claims. Continue reading ““Organic” Claims on Non-Agricultural Goods: FTC to Hold Public Meeting”

NSF GRMA Joint Committee for Cosmetics Looking for Members

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, and address public health and safety issues.  To seat the Joint Committee, there must be a balance of members representing Users, Public Health and Safety/Regulatory, and Industry stakeholders. Are you interested? Continue reading “NSF GRMA Joint Committee for Cosmetics Looking for Members”

Even More July Warning Letters…

Even More July Warning Letters…
  1. Today the FDA posted an additional 5 warning letters issued at the end of July to cosmetics companies addressing drug claims. The letters were issued to:  MiN New York;  Lavian Ltd.; Peter Thomas Roth Labs, LLC; TPR Holdings LLC; and Finally Pure, LLC. The challenged claims were very similar to those claims addressed in the other warning letters issued earlier in the month as discussed in my earlier post here.

Looking Forward to the GRMA Summit in Ann Arbor, Michigan 

I have decided to try my hand at drafting a post on the WordPress app on my iPhone. I arrived in Ann Arbor –luckily unaffected by the various Delta airline issues–and am sitting waiting for what would be considered a late dinner (per the time zone). Tomorrow I will be attending NSF’s GRMA Summit. I look forward to hearing about the efforts of the various groups within the GRMA and to meeting members of the Joint Committee on Good Manufacturing Practices for Cosmetics, which I chair. Tomorrow I will present on California’s new Made in USA law, providing an update on the state of litigation and recent FTC actions.  If you are attending the Summit, please be sure to say hello. 

To learn more about the GRMA look here. The Joint Committee on Good Manufacturing Practices for Cosmetics is still looking for industry and public health members. If you are interested, please message me. 

Busy “Warning Letters” Month for Cosmetics

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 to also be aware of, is that groups of plaintiffs’ attorneys are also beginning to get in the game by sending class action litigation threat letters to companies based on the same marketing claims.  While an FDA warning letter may result in a company having to change its marketing and labeling, a class action litigation threat often also results in a payment of “attorneys’ fees” to the plaintiffs’ attorneys lest they will file suit– and even if the company has already agreed to make revisions to its labeling and marketing. Continue reading “Busy “Warning Letters” Month for Cosmetics”