RB didn't get help from consumer perception survey to support argument that "All In One" label statement is not claim the product treats all cold and flu symptoms. Council of Better Business Bureaus' division dismisses survey as faulty but approves RB's argument. NAD attorneys conclude 15- and 6-second TV and video "superhero 'movie trailer'” ads did not include "a sufficiently proximate and prominent list of symptoms" to counter "distracting features."

Eli Nutrition fails in appeal of NAD review of claims for its TummyZen heartburn relief product, with a panel of the National Advertising Review Board concluding the firm overstated its product’s benefits.

Marketing CBD-containing cosmetics in today’s hazy legal and regulatory environment carries risks beyond what insurance carriers may be willing to take on. Kenneth Hagel of brokerage firm Frenkel & Company discusses the dilemma facing underwriters and criteria companies can meet to improve their insurance prospects.

The answer to the ‘why’ question can help clarify whether a company is marketing a cosmetic or an unapproved drug, FDA’s cosmetics office director advised attendees at ICMAD’s 38^th annual regulatory workshop in New York.

FDA final guidance on MUsTs for topically applied ingredients for OTC drug monograph affirms draft, not incorporating changes pushed by industry. CHPA says FDA’s MUsT study published recently finding sunscreen actives penetrate skin to bloodstream at higher levels than previously believed demonstrates "value" of test method.

Lauder again hikes its full-year net sales guidance after beating expectations with 11% reported growth in the fiscal 2019 third quarter. Coty reports on its turnaround progress, and Revlon points to optimistic improvements that drove Q1 constant-currency net revenue growth of 2.3%.

The Germany-based skin-care specialist will pay Bayer $550m for the iconic brand and gain entry to the US sunscreen market. The US represents the world’s biggest opportunity for sun care, but it’s also rife with uncertainty following FDA’s recent call for data to support key active ingredients’ continued GRASE status.

Panel discussions and public comments during FDA public meeting show industry sees agency, as it stated in draft NDI notification guidances published in 2011 and 2016, is allowing little room for innovation through making new ingredients available for use in VMS products. FDA says immense growth of the VMS market since DSHEA passed shows numerous products available in US contain substances that haven't been notified to the FDA with proof showing they are dietary ingredients and are safe for use.

"Can we maybe as an industry, and I guess the FDA, agree not to overcomplicate the NDI process in the sense that it's actually pretty easy to navigate the process and understand what you have," says Frank Jansch, Chromadex co-founder and executive chairman. "I want to encourage companies to do the right thing," says Mark LeDoux, founder, CEO and chairman of Natural Alternatives Internationa. "Our firm spent millions of dollars and went through the front door of the FDA. … This is not a difficult process to do the right thing."

A Maryland federal court says FDA acted illegally on e-cigarettes guidance; Deadline for FSMA Qualified Importer Program applications extended; FDA allows enforcement discretion for potassium chloride salt labeling; Swiss packaging firm Hoffmann Neopac opens US plant; and more news.

CVS implemented “Tested to be Trusted” third-party program for supplements six months ahead of schedule, reducing products at store shelves 7%. National drug chain confirms it will roll out more than 300 health and wellness products across six additional categories.

While acknowledging concerns about oxybenzone, Consumer Reports maintains the importance of sunscreen to help prevent skin cancer and says oxybenzone-containing offerings continue to test best when it comes to broad-spectrum protection and minimal SPF “variation.”