Council of Better Business Bureaus Division review Unilever claims for Suave Essentials on challenge by L Brands, which argued “as beautiful as” is linked to a specific product attribute – fragrance – and expressly compares Unilever's products to Bath & Body Works products. L Brands contended “as beautiful as” is equivalent to claim “as appealing as,” which NAD concluded was unsubstantiated in 2016.

National Advertising Division advises firms marketing supplements with claims to protect skin from sun rays to discontinue statements similar to claims made by four supplement firms FDA warned in May. Novahue and Dermatology Industry both disagreed with NAD but would comply with its recommendations.

According to industry, available scientific evidence regarding oxybenzone’s and octinoxate’s effects on coral does not support their removal from the OTC sunscreen drug monograph’s list of permitted UV filters, and FDA is fully compliant with federal environmental laws, contrary to the Center for Biological Diversity’s suggestions. FDA says the petition raises complex issues requiring extensive review.

Manufacturers and importers of nanoform substances must meet new REACH information requirements by Jan. 1, 2020, under a regulation adopted by the European Commission Dec. 3. The European Chemicals Agency is considering issuing guidance to support industry’s compliance efforts.

Industry no doubt welcomes the Commission’s long-overdue review of the European Cosmetics Regulation as it pertains to chemicals with endocrine-disrupting properties. The report concludes that the existing regulatory framework is adequate to evaluate and manage suspected endocrine disruptors, while putting stakeholders on notice that a number of prioritized ingredients will be up for review in 2019.   

From the Personal Care Products Council’s standpoint, FDA’s planned survey of current manufacturing practices in the cosmetics sector isn’t necessary, but the group provided input to contractor RTI to help develop the instrument for optimal utility. Pending OMB approval, FDA aims to launch the survey in spring 2019.

With Democrats in control of the House and New Jersey Rep. Frank Pallone in line for chair of the Energy & Commerce Committee, cosmetics regulatory reform legislation could receive even more attention in the 116^th Congress than in the current session. The new climate could test how serious big business is about embracing large-scale changes as well as lawmakers’ openness to federal preemption. 

Henkel’s Sexy Hair Concepts and Ulta will settle with plaintiffs over alleged “sulfate-free” deception, to the tune of $2.3m; Unilever’s Dermalogica is suing Target for unauthorized selling of diverted products. More cosmetics news in brief.

Former Avon employees claim they faced discrimination, even harassment, and ultimately were terminated due to their pregnancies and requests for accommodation. Both Avon Products, Inc. and its carved-out North American business, New Avon, are named as defendants in the putative class action, which seeks injunctive relief and damages for alleged economic, emotional and reputational injuries.

Keystone Labs agrees to cease manufacturing OTC drugs following a 2013 FDA warning letter and repeated GMP violations noted during inspections, including failure to investigate sources of contamination. Firm suggests it will continue making cosmetic hair- and skin-care formulas while outsourcing OTC product manufacturing.