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.  [...]

“Personal Care Products Safety Act” S. 1014: Proposed Legislation that will Have a Huge Impact on the Cosmetics Industry if Enacted

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 [...]

Going to Expo West? If so, join me for The Future of: Nanos, Naturals, and the Direction of Other No-Nonsense Claims in Cosmetics

Expo West in Anaheim is only a week away! Whether you are going as an exhibitor or simply plan to walk around, network, and browse, I hope you can join me for my presentation:  The Future of: Nanos, Natural, and the Direction of Other No-Nonsense Claims in Cosmetics.  In this informative and interactive session we will discuss [...]

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, [...]

J&J Escapes Class Action over “Restores Enamel” Claims– & FDCA Prevails

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 [...]

Cosmetic? Drug? How Puffery May Cause Your Product to be a Drug

The post "When Puffery Crosses the Line" discussed the basic tenets of puffery, or seller's puff, in cosmetic advertising.  In addition to running the risk that advertising claims may fall into the realm of false advertising, classic cosmetic puffery may also cause a cosmetic to be a drug under the Federal Food, Drug, & Cosmetic [...]

When Puffery Crosses the Line

“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 [...]