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Regulation/Legislation (Cosmetics)

Regulation

Set Alert for Regulation (Beauty)

Latest From Beauty & Regulation

NAD: Advertisers Must Substantiate Unpaid, Third-Party Claims Once They Link To Or Disseminate Them

Texas-based hair care marketer Routine Wellness must substantiate an unpaid, third-party lifestyle blog’s review claiming the brand’s product is among the ‘5 best shampoos for women with thin hair’ because it linked to the review from its own social media pages, says the National Advertising Division in a review published 2 March.

Advertising, Marketing & Sales Regulation

Getting A Jump On MoCRA Compliance; Due Diligence Now Will Lighten Load, Risks Later

Cosmetics companies should not sit idly waiting for FDA to clarify new requirements under the Modernization of Cosmetic Regulations Act, speakers agreed at the Independent Beauty Association’s 2023 Technical/Regulatory Forum. Companies should be reviewing products, people and processes, including those of contract manufacturers, to get ahead of the curve.

FDA Regulation

MoCRA Check-In: EAS Consulting's John Bailey On Proposed Cosmetics Office Move

John Bailey, independent advisor for colors and cosmetics at EAS Consulting Group and former director of the US FDA's cosmetics office, is checking in with HBW Insight periodically in 2023 to offer his views on developments under the Modernization of Cosmetic Regulations Act of 2022. Here he discusses the FDA's plan to move cosmetics regulation out of CFSAN and into the Office of the Chief Scientist.

FDA Regulation

Resilience, ‘Lessons Learned’ Must Be COVID Legacy In Germany

COVID-19 threat is abating and control measures easing, but government commitments made at height of pandemic to forearm against future health care emergencies should not be abandoned, says German Advisory Council on Health and Care and the IVD industry.

Consumer Coronavirus COVID-19

EU, US Authorities Sniffing Around Suspected Price-Fixing Scheme In Big Fragrance

Regulators in the EU and US have opened an investigation into whether Firmenich, Givaudan, IFF and Symrise engaged in price-fixing for fragrances and/or fragrance ingredients.

Cosmetic Ingredients Enforcement

NSF Leaders On How New Cosmetics Certification Could Bolster MoCRA Compliance

NSF’s Contents and Claims Certified Guideline for beauty and personal-care products should position companies well for compliance with new US regulations under the Modernization of Cosmetic Regulations Act, the organization says. NSF senior leaders discuss in an interview with HBW Insight.

Compliance Manufacturing
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Legislation

Set Alert for Legislation (Beauty)

Latest From Beauty & Legislation

CIR Panel’s ‘Ethereal’ Role In Cosmetics Regulation Not Clarified By MoCRA

While other legislative proposals to update US cosmetics regulations would have included FDA ingredient review or codified reviews from the CIR Expert Panel for Cosmetic Ingredient Safety, the Modernization of Cosmetic Regulations Act of 2022 does not. Panelists, industry and FDA reps discussed implications for CIR at the 5-6 March meeting of the group’s independent expert panel.

Legislation Cosmetic Ingredients

OTC Drugs, Dietary Supplements Merit Scant Mention In $7.2Bn FDA FY2024 Budget Request

Supplements and OTC drug categories each mentioned once in FY2024 budget request for agency published by HHS. Broader document provided by White House OMB makes no mention of either category while emphasizing proposed increase for FDA’s food programs.

Politics FDA

MoCRA: No User Fees, Not Overly Prescriptive, And Could Help Tamp Down State Legislation

Independent Beauty Association CEO and president Don Frey and cosmetics industry lobbyist Robert Harmala of Telegraph Avenue Advisor, provided views on the Modernization of Cosmetic Regulations Act and developments to come at IBA’s Cosmetic Technical/Regulatory Forum.

Cosmetics Legislation

Sen. Murray ‘Watching Closely’ For US FDA To Implement, Enforce Cosmetics Regulatory Reform

Senate HELP chair Patty Murray says she will ensure FDA implements cosmetics reform correctly and “effectively” uses enforcement tools. EWG exec says previous standards didn’t address “chronic harm caused by a known carcinogen like benzene.”

Cosmetics Legislation

PCPC Senior Leaders Discuss Historic 2022 And What’s To Come In New Cosmetics Regulatory Era

HBW Insight spoke with the Personal Care Products Council’s Karin Ross, executive VP of government affairs, and Tom Myers, executive vice president for legal and regulatory affairs and general counsel, to discuss the Modernization of Cosmetic Regulations Act and PCPC’s role to support members’ compliance going forward.

Legislation Legal Issues

California Eyeing More Cosmetic Ingredient Bans To Align With EU

“In the absence of protective federal action, states must take charge and get toxic chemicals out of our everyday products,” says Scott Faber, senior VP of government affairs at the Environmental Working Group. EWG is sponsoring AB 496, proposed on 7 February by Democratic Assemblymember Laura Friedman.

US States Legislation
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Litigation

Set Alert for Litigation (Beauty)

Latest From Beauty & Legal Issues

Getting A Jump On MoCRA Compliance; Due Diligence Now Will Lighten Load, Risks Later

Cosmetics companies should not sit idly waiting for FDA to clarify new requirements under the Modernization of Cosmetic Regulations Act, speakers agreed at the Independent Beauty Association’s 2023 Technical/Regulatory Forum. Companies should be reviewing products, people and processes, including those of contract manufacturers, to get ahead of the curve.

FDA Regulation

Olaplex Plans ‘Vigorous’ Fight Against Suit Alleging Its Hair Products Caused Hair Loss

Olaplex maintains the safety of its products and has posted HRIPT results on its website which it says demonstrate they do not have irritation or sensitization potential that could lead to hair loss. CEO JuE Wong says litigation against the company, filed by more than two dozen women who say they suffered injuries as a result of Olaplex use, reflects “sadly a fact of life in our industry.”

United States Legal Issues

PCPC Senior Leaders Discuss Historic 2022 And What’s To Come In New Cosmetics Regulatory Era

HBW Insight spoke with the Personal Care Products Council’s Karin Ross, executive VP of government affairs, and Tom Myers, executive vice president for legal and regulatory affairs and general counsel, to discuss the Modernization of Cosmetic Regulations Act and PCPC’s role to support members’ compliance going forward.

Legislation Legal Issues

Dior Misleads Consumers With ‘24H’ Claims On Foundations With SPF – Class Action Complaint

Reasonable consumers will interpret 24-hour claims to mean Dior foundations do not need to be reapplied more regularly to provide UV protection throughout the day, according to a class action complaint filed in California’s Northern District.

Legal Issues Advertising, Marketing & Sales

US FTC Collects First ‘Review Hijacking’ Bounty Against Nestle’s Bountiful Supplement Business

FTC proposes order to settle administrative complaint requiring Bountiful Company to pay $600,000 monetary relief for consumers. Order prohibits the Nestle business from using “variation” relationships in e-commerce ads, when positive reviews posted for one product may be confused with a different but similar product.

Dietary Supplements E-Commerce

FTC Returns Nearly $1M To Consumers Duped By NutraClick, A Relic Of Section 13(b) Authority

The agency laments that such refunds to wronged consumers will be more difficult to provide since the US Supreme Court ruled in 2021 that it lacks authority under Section 13(b) of the FTC Act to seek monetary relief in federal court. NutraClick has agreed to be banned from negative option marketing as part of its September 2020 settlement with the FTC.

Legal Issues Advertising, Marketing & Sales
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