Washington State Governor Jay Inslee signed into law HB 1047 on 15 May, implementing the most aggressive cosmetics ingredient ban in the country. The Personal Care Products Council and Independent Beauty Association are concerned about a lack of alternative preservatives to replace targeted formaldehyde-releasing substances effectively and affordably and the law’s inconsistency with FDA over lead levels, among other impacts.

Appropriations Agriculture, Rural Development, FDA and Related Agencies Subcommittee marked up its FY2024 bill on 18 May, proposing $6.579bn for FDA. Total is up from current budget of $6.562bn, but Biden administration proposed $7.2bn for FY2024.

Companies that have struggled to secure quality agreements with suppliers have additional leverage and a new starting point for those discussions, namely the Modernization of Cosmetic Regulations Act. Anand Natarajan, associate counsel at The Estee Lauder Companies, provided his view in a recent FDLI webinar.

Appropriations Agriculture, Rural Development, FDA and Related Agencies Subcommittee marked up its FY2024 bill on 18 May, proposing $6.579bn for FDA. Total is up from current budget of $6.562bn, but Biden administration proposed $7.2bn for FY2024.

The specter of reformulations, market disruptions and potential litigation hangs over Washington state as HB 1047 sits on Governor Jay Inslee’s desk. The Toxic-Free Cosmetics Act, seen by industry stakeholders as a metastasized version of California’s legislation of the same name, would ban the sale of cosmetics containing formaldehyde releasers or trace lead above 1 ppm, in addition to PFAS, ortho-phthalates and other ingredients.

An end to US COVID-19 PHE on 10 April doesn’t end inflationary pressure on prices for consumer packaged goods. OTC, supplements and personal care product firms could be reporting consumers during Q1 were going along with price increases, opting for less expensive options or buying less.

Cosmetics industry stakeholders agree the US Federal Trade Commission’s “Green Guides” are ripe for an update. Issues old and new need to be addressed and state-level laws and regulations taken into account along with national and international programs and standards, say leading companies, trade associations, and consumer advocacy groups in comments to the agency.

John Villafranco, partner at Kelly Drye & Warren LLP, says the US FTC’s ability to obtain monetary relief using the penalty offense mechanism is questionable both on statutory and Constitutional grounds. Marketers faced with civil penalties – for example, for alleged inadequately substantiated health claims – should stand their ground, he suggests in a recent interview.

Level Up, fighting for gender justice in the UK, says L’Oreal should reformulate or remove its hair relaxers from the market based on a US National Institutes of Health study indicating that frequent, long-term use of such products more than doubles risk of developing uterine cancer. Meanwhile the beauty giant is embroiled in numerous related lawsuits in federal courts around the US.

Sally Hansen has seen a 300% increase in shades viewed on its website, and a 120% increase in intent to buy, since it introduced Perfect Corp.’s AR-based virtual try-on tool, the beauty tech firm says. French nail-color specialist Manicurist is the latest to partner with Perfect for its Green Flash brand.

Roadshow stated for IPO planned for before end of 2023 of 151.2m shares of Kenvue common stock currently expected at between $20 and $23 per share. Analysts positive on IPO but caution launch wouldn’t come problem-free.

WellSpring, owned by private equity firm Avista Capital Partners, purchasing Solarcaine, diaper rash and skin protectant A+D and Canadian brands Cortate and Complex 15. Bayer’s long-term commitment to consumer health one of key issues facing its next CEO, Bill Anderson.

Results of U.S. News & World Report’s first “Best OTC Medicine & Health Products” survey include homeopathic formulations, supplements and non-drug topicals in same categories of indications with nonprescription pharmaceuticals.

Sally Hansen has seen a 300% increase in shades viewed on its website, and a 120% increase in intent to buy, since it introduced Perfect Corp.’s AR-based virtual try-on tool, the beauty tech firm says. French nail-color specialist Manicurist is the latest to partner with Perfect for its Green Flash brand.

Amyris, Inc. is developing 30 molecules using its bio-fermentation technology, negotiating a bio-manufacturing joint venture that could yield $50m-$100m in proceeds, and simplifying its Consumer portfolio to unlock value. Cost containment and liquidity will continue to be key priorities for the synthetic biotech firm while it targets up to 100% revenue growth in fiscal 2023.

Ulta Beauty says consumers are being more selective in their spending but show “continued willingness to splurge and treat themselves.” The company is implementing additional mitigation strategies in its stores – including placing fragrances in locked cabinets – to combat organized retail theft that is expected to slightly reduce its operating margins for the full year.

Amyris, Inc. is developing 30 molecules using its bio-fermentation technology, negotiating a bio-manufacturing joint venture that could yield $50m-$100m in proceeds, and simplifying its Consumer portfolio to unlock value. Cost containment and liquidity will continue to be key priorities for the synthetic biotech firm while it targets up to 100% revenue growth in fiscal 2023.

New York-based beauty giant says its strategic bet on skin care in China is starting to pay off with strong consumer response to the recent launch of Lancaster Ligne Princiere. Meanwhile, the firm is ready to deploy its prestige fragrance brands strategically in the country as consumers gravitate increasingly to high-end perfumes.

Personal care and cosmetic product trademark filings compiled from the Official Gazette of the US Patent and Trademark Office, Class 3.

Personal care and cosmetic product trademark filings compiled from the Official Gazette of the US Patent and Trademark Office, Class 3.

Infiniment Coty Paris, launching globally in 2024, will “be to fragrance what [ultra-premium] Orveda is to skin care,” the company says. P&G touts Head & Shoulders BARE as the first anti-dandruff shampoo with only nine ingredients. More cosmetic launch news.

The Environmental Working Group’s annual sunscreen report finds that one in four products evaluated meet its standards for protection and ingredient avoidance, fairly consistent with the past three years but still worse than 2019. This year, “gold standard” sunscreen products bear the nonprofit’s “Verified” mark.

Personal care and cosmetic product trademark filings compiled from the Official Gazette of the US Patent and Trademark Office, Class 3.

Personal care and cosmetic product trademark filings compiled from the Official Gazette of the US Patent and Trademark Office, Class 3.

Ad watchdog group Truth in Advertising, Inc. filed a complaint with the US FDA and FTC over Nutrafol hair growth supplement representations that the organization says are unapproved drug claims and/or don’t meet FTC standards for adequate substantiation, as well as alleged deceptive negative option practices.

Agency sends flares across wide field of advertisers illuminating the need for marketers to substantiate health claims. Reminder made brighter noting penalties of up to $50,120 per violation.

“I'm not sure they shouldn’t have done a notice of proposed rulemaking,” says attorney Claudia Lewis. From previous guidance, “the FTC has taken it a step in the different direction that you need robust scientific evidence, in their mind robust scientific evidence means clinical data.”