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
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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. … Continue reading Court Dismissals of “Made in USA” Class Actions
Natural Products Expo West 2016 — Will you be there?
I am looking forward to reconnecting with old friends and new at Expo West next week. Will you be there? Are you an exhibitor? If so, let me know your booth number and I will stop by. Or, would you like to meet face to face? Send me a message and let's connect! --Angela
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 … Continue reading FDA Seeks Public Input on the Term “Natural” for Food Products
Looking Forward to the IQPC Global Cosmetics Compliance Summit
Just a few minutes to boarding my flight to Amsterdam where I will be presenting at the Global Cosmetics Compliance Summit. If you are not yet signed up, I am told it is not too late. Running from June 8-10, the Conference is set to be very engaging with experts from industry, law, and government discussing the … Continue reading Looking Forward to the IQPC Global Cosmetics Compliance Summit
Prop 65 Notice of Intent to List Aloe Vera, Whole Leaf Extract & Goldenseal Root Powder as Known to the State to Cause Cancer
If you do not know what Prop 65 is, then your cosmetic company is one of the few that has not faced Prop 65 challenges. Whether or not your company has faced enforcement, all cosmetic companies selling products into California should be aware of Prop 65 and its developments. In sum, Proposition 65 requires … Continue reading Prop 65 Notice of Intent to List Aloe Vera, Whole Leaf Extract & Goldenseal Root Powder as Known to the State to Cause Cancer
Another FDA Warning Letter & the FDA’s Consumer Outreach Initiative
The FDA closed out March with one more Warning Letter, this one to Skin Authority, LLC. Per the March 25, 2015, letter, the claims on the company's website "provide evidence that [the cosmetic] products are intended for use as drugs." The challenged claims included: "improve anti-inflammatory response," "help stimulate collagen," "help inhibit cellular breakdown," open … Continue reading Another FDA Warning Letter & the FDA’s Consumer Outreach Initiative
Dazed and Confused? Not after the Recent Supreme Court Decision Holding that TTAB rulings on Confusion are Binding on Federal Courts
Let There be Discounts! Copyrights Cannot be Used to Control Importation or Impair Competition.
This article is a good reminder for cosmetic companies as well.
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 … Continue reading More FDA Warning Letters: Strong Enforcement Continues in 2015