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

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

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 [...]

More FDA Warning Letters: Strong Enforcement Continues in 2015

More FDA Warning Letters: Strong Enforcement Continues in 2015

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 [...]

Register Now! Looking Good in the Eyes of the Law — Updated Agenda

Register Now! Looking Good in the Eyes of the Law — Updated Agenda

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 [...]

FDA Warning Letter: Needling Device Exceeds Dermabrasion Exemption

FDA Warning Letter: Needling Device Exceeds Dermabrasion Exemption

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 [...]

“Handmade” Claims Next Target for Class Action Litigation?

“Handmade” Claims Next Target for Class Action Litigation?

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 [...]

Claim Substantiation– Who’s Responsibility is it?

Claim Substantiation– Who’s Responsibility is it?

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 [...]

Looking Good in the Eyes of the Law: 2015 Cosmetics Compliance Seminar

Looking Good in the Eyes of the Law: 2015 Cosmetics Compliance Seminar

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 [...]

FDA Warning Letters: cleansers, creams, moisturizers deemed drugs by FDA

FDA Warning Letters: cleansers, creams, moisturizers deemed drugs by FDA

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, [...]

“Unscented” Cosmetic Claims Don’t Pass “the Smell Test”

“Unscented” Cosmetic Claims Don’t Pass “the Smell Test”

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 [...]