Counterfeit Cosmetics Are A Click Away; SHOP SAFE Act Would Make E-Commerce Platforms Accountable
The Personal Care Products Council testified on the economic toll of counterfeit cosmetics, as well as potential safety issues, at a US House Judiciary subcommittee meeting on 27 May. The bipartisan, bicameral SHOP SAFE Act under consideration would help to address the problem, bill sponsors say.
You may also be interested in...
The bipartisan SHOP SAFE Act of 2020 would require e-commerce platforms to vet and obtain compliance commitments from third-party sellers, include their identities and business information on-site, and block continued access by repeat trademark infringers. The US House bill is backed by the Personal Care Products Council, which cites weaknesses in the current system that allow illicit trade to flourish.
Covington & Burling attorney Peter Barton Hutt brings historical perspective to the matter of cosmetics reform legislation in US Congress, which stalled out in 2020 after COVID hit the states. He advises companies to continue working to meet and exceed existing regulatory requirements "so that people can’t say that voluntary self-regulation doesn’t work."
A federal court decision pending Ninth Circuit appeal, regarding acrylamide use in food, could signal a new defense option for companies facing Prop 65 claims, Greenberg Traurig attorney Will Wagner says. At the same time, it could lead to heavier plaintiff scrutiny of non-food categories such as cosmetics.