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 […]

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 […]

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.  […]

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 […]

“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 […]

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 […]

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 […]

California’s “Made in USA” Law Upheld as Neither Unconstitutional nor Preempted

In the case Louise Clark v. Citizens of Humanity LLC et al., case number 3:14-cv-01404, pending in the U.S. District Court for the Southern District of California, in denying the defendants’ motion to dismiss, the court concluded that California’s “Made in USA” law, Business & Professions Code section 17533.7, is neither unconstitutional nor preempted by federal law.

Join Us Via Webinar next week for Looking Good in The Eyes of the Law: 2015 Cosmetics Compliance Seminar

In person registration is closed, but in response to industry demand, we are making the conference available via webinar.  So sign up today to join us next Friday and Saturday, April 17-18, 2015, at Looking Good in the Eyes of the Law: 2015 Cosmetics Compliance Seminar.  This is a not to miss informative and interactive seminar specifically designed […]