Claims Support, Consumer Dialogue Reduce Lawsuit Risk – Attorneys
This article was originally published in The Rose Sheet
The cosmetics industry has become a recent target for activist lawyers and class-action suits, but firms can decrease their chances by substantiating claims. Attorneys from Loeb & Loeb discussed the topic during a session at HBA Global Expo in New York.
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Plaintiffs strike out with women and a California district court judge as multiple claims are dismissed in a suit alleging false advertising for Dial for Men Magnetic body wash, which evidently does not guarantee attention from the opposite sex.
Class-action suits against beauty firms on the rise as industry pushes the envelope with claims and FDA warning letters draw attention from class-action law firms, legal experts note. Hogan Lovells attorney Mark Goodman says: “I don’t see this [trend] going away anytime soon.”
EAS Consulting rep John Bailey, who directed FDA’s cosmetics program in the 1990s and served as PCPC chief scientist through July of 2011, offers his view on the six warning letters issued to cosmetics firms between Sept. 7 and Oct. 5. It’s too early to say whether FDA is taking a more aggressive stance on cosmetics claims, but firms “need to be aware,” Bailey says.