Aggressive Claims, FDA Warnings Make Beauty A Bull’s Eye For Litigation
This article was originally published in The Rose Sheet
Executive Summary
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.”
You may also be interested in...
FDA Warns Reviva Labs For Collagen-Building, Anti-Inflammatory Claims
FDA cites Reviva for unapproved drug claims on eight of its products marketed as cosmetics. Included among targeted claims are familiar statements about collagen production, inflammation reduction and other benefits the agency views as structure/function effects. A number of the claims onceivably could be allowed under the revised "cosmetic" definition proposed by the Cosmetic Modernization Amendments of 2015.
L’Oreal Settles With FTC Over Gene-Related Anti-Aging Skin-Care Claims
A proposed consent agreement between L’Oreal USA and the Federal Trade Commission bars the company from claiming that skin-care products from its Lancome and L’Oreal Paris brands target users’ genes to award anti-aging benefits. The settlement, which is subject to public comment and final FTC approval, follows a 2012 warning letter from FDA that cited some of the same marketing claims.
Regulatory Action Is Lesser Of Firms’ Worries Amid Class-Action Blitz
Using marketing claims that overstep cosmetic boundaries can land firms in class-action suits that sap resources and drag on for years in today’s litigious climate, attorneys noted at the ACI Legal, Regulatory and Compliance Forum on Cosmetics in New York. Speakers provided examples and tips for staying out of court.