FDA RAISES WARNING FLAGS FOR MARKETING OF CBD PRODUCTS

Happy New Year! 2019 was quite the year in many regards. One such area was the significant growth of the CBD marketplace. In response, in the last quarter of the year, the Food & Drug Administration (“FDA”) got busy issuing warning letters and posting consumer notices regarding the safety and use of cannabidiol ("CBD"). For … Continue reading FDA RAISES WARNING FLAGS FOR MARKETING OF CBD PRODUCTS →

Unapproved Drug Claims – The Continuing Saga for Cosmetic Brands

Unapproved "drug" claims - a continuing saga. In prior posts we have discussed the importance of cosmetic brands to avoid "drug" claims, and have discussed court rulings on the topic. Unfortunately, such marketing claims continue to be boasted by big and small brands alike, so it is no surprise we have seen an increase in … Continue reading Unapproved Drug Claims – The Continuing Saga for Cosmetic Brands →

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 … Continue reading Unintentional Drug Claims on Cosmetics Not Actionable →

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 … Continue reading Starbucks False Advertising Case Dismissed: Yes, Cold Drinks Contain Ice →

Even More July Warning Letters…

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 … Continue reading Even More July Warning Letters… →

Court Dismissals of “Made in USA” Class Actions

Two cases involving allegations that companies falsely labeled their products as "Made in USA" and thereby violated California's "Made in USA" statute have recently been dismissed. In April, the Southern District Court of California dismissed all claims against Heinz. Then, earlier this month on June 6, the Central District Court of California dismissed all claims against Stearn's Products. … Continue reading Court Dismissals of “Made in USA” Class Actions →

FTC Challenges “All Natural” & “100% Natural” Claims

On April 12, 2016, the Federal Trade Commission (FTC) announced agreements with four cosmetics companies to settle charges by the FTC that the companies falsely advertised their products as "all natural" or "100% natural" even though their products contained synthetic ingredients. The FTC also issued a complaint against a fifth company. If you have attended one of … Continue reading FTC Challenges “All Natural” & “100% Natural” Claims →

“Made in USA” Right to Cure Legislation — Show Your Support for AB 2827

Last month's round table discussion at EO Products was very insightful and now there is a piece of legislation that needs your support. As I previously discussed here, a significant number of companies doing business in California are facing frivolous class action lawsuits and threats of litigation because of their use of a "Made in USA" claim … Continue reading “Made in USA” Right to Cure Legislation — Show Your Support for AB 2827 →

California’s New “Made in USA” — Not Stopping Onslaught of New Litigation Based on Prior Conduct

During the 2015 legislative session, California's legislature amended its "Made in USA" law (previously discussed here) with SB 633. Under the new law, effective January 1, 2016, products sold in California may legally be labeled with a "Made in USA" claim as long as certain conditions are met (discussed below). Unfortunately, however, over the last 6 months, class … Continue reading California’s New “Made in USA” — Not Stopping Onslaught of New Litigation Based on Prior Conduct →

FDA Seeks Public Input on the Term “Natural” for Food Products

The U.S. Food and Drug Administration ("FDA") announced the establishment of a docket to receive information and comments from the public on the use of the term "natural" in food labeling. The FDA's action is in response to 3 citizen petitions asking that the FDA define the term "natural" and 1 citizen petition asking the … Continue reading FDA Seeks Public Input on the Term “Natural” for Food Products →