Diesch Law Group helps cosmetic companies 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.
Posts regarding the law around advertising and marketing cosmetics
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. [...]
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 [...]
Traveling to and attending various conferences has prevented me from posting for a couple weeks. So although I have not had time to blog, there has been much to write about-- including the latest round of FDA Warning Letters. In February and March alone, the FDA has issued at least 5 Warning Letters challenging the drug claims [...]
I am excited to announce a few changes to the agenda for our Looking Good in the Eyes of the Law seminar. Curt Valva of Aubrey Organics will be the MC for the seminar. In addition, Dr. Paula Johnson, Research Scientist and Lead of the California Safe Cosmetics Act Program will be a presenter. A [...]
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. FDA asserts that the automated micro-needling device, which uses a stamping action to [...]
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 [...]
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 [...]
Join us for a day and a half legal seminar devoted to the cosmetics industry on April 17-18, 2015 in San Francisco, California. Distinguished lawyers and regulatory experts representing the cosmetics and personal care industries will share their knowledge, experience and insight on the latest legal and regulatory developments impacting the cosmetics industry. This seminar [...]
Under the Food, Drug, and Cosmetic Act, cosmetic products and ingredients do not need FDA pre-market approval, with the exception of color additives. As a result, FDA's enforcement of the FDCA are taken against products already on the market. One such enforcement mechanism is the issuance of Warning Letters. As Warning Letters are posted, available here, [...]
A putative class action lawsuit was filed early last week against Church & Dwight, Proctor & Gamble, Revlon, Dial Corporation, and Henkel Corporation, for allegedly misleading consumers by labeling their respective deodorants as "unscented," when, per the complaint, they products all have "a noticeable and unmistakable scent." The plaintiff seeks to represent a nationwide class [...]
