Blog Posts

GRMA is Now an Independent Nonprofit Organization

GRMA is Now an Independent Nonprofit Organization

As I previously announced, I Chair the GRMA Joint Committee on the Good Manufacturing Practices for Cosmetics. I am excited to share after 4-years of hard work by so many of its members, the Global Retailer and Manufacturers Alliance (“GRMA”) is now an official, independent nonprofit organization! Many major retailers, manufacturers, trade associations and certification bodies are working together as the GRMA to develop consensus-based American National Standards for Good Manufacturing Practices (GMPs) in several industries. NSF International, an ANSI-accredited standards development organization (SDO), is facilitating the ANSI standards development process on behalf of the GRMA.  Continue reading “GRMA is Now an Independent Nonprofit Organization”

Potential Legislation: Animal Testing and Professional Cosmetics Labeling Requirements

Potential Legislation: Animal Testing and Professional Cosmetics Labeling Requirements

California is at it again—potentially expanding federal law regarding cosmetic labeling and animal testing. Introduced on February 15, 2018, Assembly Bill 2775 and Senate Bill 1249 seek to expand federal law.  AB 2775, if enacted, would require “professional cosmetics” to be labeled in a manner similar to cosmetics intended to be sold to consumers. SB 1249, if enacted, would make it unlawful to sell cosmetics in California if the finished product or any component was tested on animals.  Continue reading “Potential Legislation: Animal Testing and Professional Cosmetics Labeling Requirements”

Face-to-Face at Expo West 2018

Face-to-face at Natural Products Expo West, Anaheim, CA, Thursday, March 8-11, 2018.

Angela and her colleague Stephen Paffrath will be attending the Natural Products Expo West in Anaheim this week. If you would like to arrange a face-to-face meeting please contact Angela’s assistant Jennifer Chastain at jennifer@dieschforrestlaw.com. Don’t delay as their calendar for meetings is filling up fast.

Unintentional Drug Claims on Cosmetics Not Actionable

Unintentional Drug Claims on Cosmetics Not Actionable

Last month, a long running case against Beiersdorf, Inc., makers of Nivea, was dismissed.  I would normally prepare a summary myself, but in this case, the first 3 paragraphs of the court’s opinion provides a great summary:

Five years ago, Ashley Franz purchased a $10 bottle of Nivea’s Skin Firming Hydration Body Lotion from a CVS in San Diego. She spent an extra $4 on this Lotion because she believed the claim on the bottle: “Improves Skin’s Firmness in as little as 2 weeks.” When the Lotion didn’t firm her skin as advertised, she filed a class action against Beiersdorf, Inc. (“Nivea”) for false advertising and for selling an unapproved drug.

About a year ago, the Court dismissed Franz’s false advertising claim, and found the FDA had primary jurisdiction to decide if the Lotion was a drug. The Court stayed the case to allow Franz to petition the FDA to take enforcement action against Nivea for making skin-firming claims that Franz maintains makes the Lotion a drug that requires FDA approval. The FDA declined to take any action.

Franz filed a second amended complaint based on a single claim: Nivea is engaged in unfair competition because it’s selling the Lotion as an unapproved drug. Nivea moved to dismiss. Because the Court lacks jurisdiction, it dismisses the complaint.

Continue reading “Unintentional Drug Claims on Cosmetics Not Actionable”

Join Me at Expo West for a Presentation on “Greenwashing: FDA/FTC Investigations on the Rise – How to Safeguard Your Company”

What better way to spend Saturday afternoon after spending a few days walking the exhibit floor?!  If you attend the Natural Products Expo West, I hope you will join me for the informative and thought provoking presentation: Greenwashing: FDA/FTC Investigations on the Rise – How to Safeguard Your Company.  The presentation is sponsored by California Baby. Continue reading “Join Me at Expo West for a Presentation on “Greenwashing: FDA/FTC Investigations on the Rise – How to Safeguard Your Company””

USDA Seeking Comments: Organic Research, Promotion, and Information Order Proposed Rule

The United States Department of Agriculture (USDA) issued a Proposed Rule and a Proposed Order relating to the development of an Organic Research, Promotion, and Information Order.  The Proposed Rule invites comments for conducting a referendum to determine whether entities are in favor of the issuance of the Proposed Order.  The Proposed Order, on the other hand, could result in a mandatory research and promotion program that would require entities with gross sales in excess of $250,000 for the previous marketing year of certified organic agricultural commodities, would pay an assessment to the program of one-tenth of one percent of net organic sales.  The range of “organic products” covered by the proposed order includes “personal care products,” i.e., cosmetics.  The comment period ends March 20, 2017. Continue reading “USDA Seeking Comments: Organic Research, Promotion, and Information Order Proposed Rule”