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 […]
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 […]
In July, the U.S. FDA issued four warning letters to cosmetics companies. Although only two were prepared by the same office, there were consistent themes across the four letters. As previously discussed here, the FDA continues to crack down on companies making what amount to drug claims on various “cosmetic” products. But what companies need […]
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 […]
On April 20, 2015, Senators Dianne Feinstein (D-Calif.) and Susan Collins (R-Maine) introduced the Personal Care Products Safety Act (S. 1014). This post provides a summary of keys sections of the proposed bill with a comparison to existing law. According to the press release issued by Senator Feinstein’s office, the S. 1014 has the support of […]
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.
On November 4, 2014, a New York federal judge granted J&J’s motion to dismiss a putative class action lawsuit which accused J&J of using false and misleading labeling to market its Listerine mouthwash. In J&J’s motion, it argued that the claims were preempted by the federal Food, Drug, and Cosmetics Act (FD&C Act).
Just as California has its own way of regulating “organic” claims on cosmetics, it also has its own particular way of regulating, and allowing enforcement of, “Made in the USA” claims. And, unfortunately for out-of-state companies looking to sell products in California, it varies significantly enough from the Federal Trade Commission’s (FTC) “Made in USA” standard […]
“Puffery,” or “seller’s puff,” is an exaggerated or over the top general promotional statement that a reasonable person would not take literally. For example, the claim that “Lilly’s Magic Lotion is the best lotion on the market” would be considered puffery. The claim that the lotion “is the best” is general and a court would find […]