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Regulation/Legislation (Cosmetics)

Regulation

Set Alert for Regulation (Beauty)

Latest From Beauty & Regulation

FDA Warning Letter To SkinPrint Cites GMP Violations, Unapproved New Acne Drug

The Skin Atelier, Inc., dba Skinprint, appears to have discontinued sales of OTC drug products on its website, along with Spot-On With 5% Micro-Benz Benzoyl Peroxide Spot Treatment, an unapproved new drug product that the FDA cited in a 1 October warning letter amid a host of GMP violations.

FDA Enforcement

Direct Selling Self-Regulatory Council Makes First Referral To FTC: Aloe Veritas

Maybe there’s truth in aloe, but there’s too little of it in earnings and health-related claims made by wellness and skin-care firm Aloe Vertitas and its Lifestyle Coaches, according to the direct-selling industry’s self-regulatory body. The DSSRC is referring the company to the Federal Trade Commission for failure to state its compliance or appellate intentions.

United States Advertising, Marketing & Sales

Essential Oils Off EU Imports Tariff List In Trade War Win For Fragrance Creators

Essential oils no longer on list of products slated for EU tariff increases effective 18 October, a win for US fragrance industry facing uncertainty in tumultuous global trade climate. Fragrancy industry, like dietary supplement manufacturers, still face higher tariffs on imports from China as next round of hikes is scheduled to start 15 October.

Cosmetics Trade

Innovating Outside OTC Monograph Lines: Trending Acne Patches, Hand And Foot Antiperspirants

Industry and the FDA agree that the OTC drug monograph system is direly in need of reform, but innovating with noncompliant dosage forms and indications, without approved new drug applications, is a risk companies need to weigh seriously, says Arnall Golden Gregory partner Alan Minsk. The FDA offers perspective on its OTC monographs for acne and antiperspirant products.

United States Regulation

UK’s Ad Standards Authority Scrutinizes Eco-Claim Complaints, Including Neal’s Yard ‘Save The Bees’

The British independent ad regulator ruled on 9 October on a complaint regarding Neal’s Yard Remedies’ claims about promoting bee population health through charitable donations from its Bee Lovely product sales. Industry should be on notice that the ASA is actively fielding complaints about consumer-product companies’ environmental claims.

United Kingdom Beauty

L’Oreal UK Airs '5-Star' Kids Sunscreen Ads With '3-Star' Products On Shelves

ASA says TV and radio ads for Ambre Solair Kids Sensitive Advanced sunscreens aired by Loreal Ltd. business implied that all of the brand's products on shelves met a 5-star rating system administered by Boots drug store chain and widely used in UK.

OTC Drugs Ad Complaints
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Legislation

Set Alert for Legislation (Beauty)

Latest From Beauty & Legislation

Safety Data Sheets For Cosmetic Chemicals Must Be Posted Online Under New California Law

Approved by Governor Gavin Newsom 20 September, AB 647 requires chemical manufacturers to post material safety data sheets online in a readily accessible way and translate them into languages most prevalently spoken by salon workers.

US States Legislation

Schakowsky’s Loaded Cosmetics Bill Described As ‘Floor, Not A Ceiling’ For States To Build On

The Safe Cosmetics and Personal Care Products Act, reintroduced in the US House, exceeds the proposed Personal Care Products Safety Act in the Senate in terms of the duties and resource demands it would impose on companies and the FDA, while leaving states free to regulate cosmetics even more stringently. The proposal now must vie for the attention of the Energy and Commerce Committee.

Beauty United States

California Fragrance Disclosure Bill Screeches To Halt As Legislature Adjourns For Year; Now What?

Funding issues appear to have factored in the proposed Cosmetic Fragrance and Flavor Ingredient Right to Know Act’s failure to cross the finish line in the first act of the California legislature’s 2019-2020 session. Far from popular with industry stakeholders, SB 574 nevertheless could represent a lesser-of-evils compromise of strategic importance, with further activity expected on the bill in 2020.

US States Beauty

Imagining A US Where ‘Clean At Sephora’ Is De Facto Law

NGO-backed legislation at US federal, state and local levels to ban cosmetic ingredients and contain contaminant levels would be largely gratuitous if all cosmetics brands were compelled to be “Clean at Sephora.” For now, companies’ adherence to Sephora’s and peers’ green/clean chemistry principles remains voluntary, but retailers’ role as surrogate regulators seems only to be gaining in strength. 
Beauty Retail

Industry Presses NY Governor Not To Sign 1,4-Dioxane Bill, Warns Of Far-Reaching Consequences

Market disruptions, “dramatically” higher prices, lost jobs and negative health consequences all are possible if legislation passed in New York in June to reduce 1,4-dioxane exposures is enacted in its current form, trade organizations say. Cleaning product industry advocates are leading the opposition, but personal-care manufacturers stand to be impacted as well.

US States Beauty

New York On Verge Of Setting Limits For 1,4-Dioxane In Cosmetic Products

Cosmetic cleansing products containing 1,4-dioxane at levels above 1 part per million would be unlawfully marketed in New York beginning in 2023 under legislation passed by the state’s legislature in June. Governor Andrew Cuomo reportedly is reviewing the bill.

State News Legislation
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Litigation

Set Alert for Litigation (Beauty)

Latest From Beauty & Legal Issues

J&J Starts First Baby Powder Recall Linked To Asbestos Finding

Recall announcement doesn't mention litigation J&JU faces in multiple states alleging use of Johnson's Baby Powder causes cancer due from talc in formulation. But firm's sensitivity to consumer complaints or adverse event reports linked to brand is clear with talc-related litigation as backdrop.

OTC Drugs Cosmetic Ingredients

Tylenol Relieves Pain For J&J Consumer As Baby Care Relaunch Loses Steam

Tylenol brand boosts J&J US OTC sales 8.4% to $477m, helping balance a 24.1% decline in baby care sales due to restocking reformulated Johnson’s Baby line in 2018, mostly in the US. Firm reports consumer health sales in the US were up 1.7% to $1.39bn.
OTC Drugs Sales & Earnings

Innovating Outside OTC Monograph Lines: Trending Acne Patches, Hand And Foot Antiperspirants

Industry and the FDA agree that the OTC drug monograph system is direly in need of reform, but innovating with noncompliant dosage forms and indications, without approved new drug applications, is a risk companies need to weigh seriously, says Arnall Golden Gregory partner Alan Minsk. The FDA offers perspective on its OTC monographs for acne and antiperspirant products.

United States Regulation

Ulta ‘Used’ Cosmetics Class Action Reaches Crucial Class Certification Stage

The retailer was largely unsuccessful earlier this year in its attempt to dismiss the class action in Illinois federal court, but plaintiffs now must show that statewide classes of consumers who purchased used cosmetics from Ulta stores are ascertainable, among other class certification requirements.
United States Beauty

Anti-Aging Cosmetics Or Unlawfully Marketed Drugs? Two Federal Court Cases To Watch

The Ninth Circuit will hear arguments from L’Oreal and a plaintiff who alleges the firm’s RevitaLift products are unlawfully marketed drugs, following the case’s dismissal in July on federal preemption grounds. In a neighboring California district, Beiersdorf intends to seek summary judgment in five-year-old litigation of a similar design, concerning Nivea Skin Firming Hydration Body Lotion.

United States Beauty

Truly Organic Defines Irony With $1.76m Fraud Settlement With FTC

The Miami Beach, FL-based company has dropped the “Organic” from its name but continues to go by Truly after at least four years of marketing skin-care and bath products as “certified organic” when in fact they were neither organic nor certified, according to the Federal Trade Commission.

Beauty Legal Issues
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