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
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…
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 … Continue reading Busy “Warning Letters” Month for Cosmetics
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
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 … Continue reading “Personal Care Products Safety Act” S. 1014: Proposed Legislation that will Have a Huge Impact on the Cosmetics Industry if Enacted
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 … Continue reading Claim Substantiation– Who’s Responsibility is it?
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 … Continue reading Looking Good in the Eyes of the Law: 2015 Cosmetics Compliance Seminar
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). In the … Continue reading J&J Escapes Class Action over “Restores Enamel” Claims– & FDCA Prevails
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 … Continue reading Is that “Made in U.S.A.” Claim More than Skin Deep?
“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 … Continue reading When Puffery Crosses the Line