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Regulation/Legislation (Cosmetics)

Regulation

Set Alert for Regulation (Beauty)

Latest From Beauty & Regulation

Five Years In Prison, Nearly $50M Fines For Owner Of US Lab Falsifying Sunscreen Test Results

Garbriel Letizia Jr., and employees at AMA Laboratories “at his direction,” defrauded customers of more than $46m by testing products on materially lower numbers of subjects than specified and paid for by the customers.

Enforcement Cosmetics

Senate HELP Floats Draft For US Cosmetics Reform; Top Trade Groups Hustle To Respond

Bundled within the draft FDA Safety and Landmark Enhancements Act are federal cosmetics reform provisions that would require facility registration and product listings with the US FDA, adverse event reporting and good manufacturing practices, while empowering the agency to order product recalls, access company records, and suspend dangerous operations.

United States Regulation

REACH Information Requirements Have Changed; ECHA Preparing Guidance

The European Chemicals Agency is targeting the back half of 2022 for guidance on revised information requirements for substances registered under REACH, following a European Commission regulation published in March.

Europe Regulation

EWG Sunscreen Assessment Finds Oxybenzone Use Slowing, But Shows Most Still Are ‘Inadequate’

Environmental Working Group’s annual “‘Guide to Sunscreens” finds 30% of non-mineral sunscreen products contain controversial ingredient oxybenzone, down from 40% last year and 60% three years ago.

Cosmetics OTC Drugs

Supplements Mixed With Direct Selling A Recipe Ripe For Cooking US FTC Regulation Violations

Doesn’t take long to find health and wellness product marketers on list of direct sellers or find firms offering those products in the FTC's history of enforcement actions in the sector. 

Dietary Supplements Enforcement

OTC Monograph Stakeholders Seek Confidentiality Assurances Ahead Of OMOR Meetings With FDA

Judging by January draft guidance from the US FDA, the agency may feel compelled to make public any information a party submits in the context of a meeting to discuss data needs for an OTC monograph change. And special sunscreen considerations included in the CARES Act, which overhauled the FDA's OTC drug review program, aren't mentioned in the guidance, trade groups say.

OTC Drugs United States
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Legislation

Set Alert for Legislation (Beauty)

Latest From Beauty & Legislation

Senate HELP Floats Draft For US Cosmetics Reform; Top Trade Groups Hustle To Respond

Bundled within the draft FDA Safety and Landmark Enhancements Act are federal cosmetics reform provisions that would require facility registration and product listings with the US FDA, adverse event reporting and good manufacturing practices, while empowering the agency to order product recalls, access company records, and suspend dangerous operations.

United States Regulation

Industry Pushes For Revised PFAS Definition In California Bill Seeking Cosmetic Ban

The Personal Care Products Council and other industry groups suggest they will support AB 2771 if amendments are made to promote international harmonization, among other changes. Already they advocated successfully for the bill’s scope to be limited to intentionally added PFAS, not “the mere presence of trace levels of fluorine in the product.”

US States Legislation

More Access To US Consumers Means More False Claims For COVID-19 Than Other Health Dangers

While types of unsupported claims were no different than those advertisers made when US was hit it by other widespread health emergencies, digital capabilities made advertisers’ response to COVID-19 different, says Rich Cleland, FTC Consumer Protection Bureau attorney.

Warning Letters Coronavirus COVID-19

US Hemp Product Industry ‘Dying On Vine’ Without Lawful Use Legislation Or Enforcement Guidance

FDA’s tolerance of sales of hemp-containing supplements isn’t the assurance  industry needs for investing in development of ingredients and products which have been shown to provide various health benefits.

Cannabidiol CBD Dietary Supplements

Making Hemp Lawful As Dietary Ingredient In US Could Be More Than Marketers Bargain For

Marketers of supplements containing hemp-derived cannabinoids aren’t particularly proficient at meeting FDA's regulatory requirements, says Rodney Butt of consultancy Nutrasource Pharmaceutical and Nutraceutical Services.

Dietary Supplements Cannabidiol CBD

'Could Put Us Out Of Business’: US State Bill Pileup Has Small Beauty Set On Federal Preemption

The cosmetics industry has an “optics” problem, and that is creating other issues, namely a growing body of state legislation to address perceived gaps in federal regulatory oversight.

United States Legislation
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Litigation

Set Alert for Litigation (Beauty)

Latest From Beauty & Legal Issues

First Huda, Now Morphe Faces Proposed Nationwide Class Action Over Eyeshadow Colors

A class action in California federal court targets Morphe Cosmetics for the sale and marketing of eyeshadows containing unapproved colors for eye-area use that three consumers say inflicted physical injury. They seek to represent consumers nationwide, citing breach of warranties, negligence, false advertising, and other claims.

United States Legal Issues

Supplements Mixed With Direct Selling A Recipe Ripe For Cooking US FTC Regulation Violations

Doesn’t take long to find health and wellness product marketers on list of direct sellers or find firms offering those products in the FTC's history of enforcement actions in the sector. 

Dietary Supplements Enforcement

Proposal For J&J To Halt Talc Powder Sales Worldwide Fails In Shareholder Vote

Activist investment group Tulipshare’s proposal that J&J fully cease sales of talc-based powders didn’t receive a majority of votes in favor during firm's annual meeting and won’t be forwarded for board’s consideration. Separate proposal for an audit into whether firm marketed products to minority women asbestos concerns was sent to the board.

Commercial Legal Issues

Amazon Can Be Liable For Prop 65 Warning Failures, California Appeals Court Says

Even when it comes to foreign-manufactured cosmetics containing undeclared ingredients listed under California’s Prop 65, online marketplaces the likes of Amazon can be responsible for providing exposure warnings to consumers, according to California’s First Appellate District.

US States Cosmetic Ingredients

J&J Commits To Supply Chain Reforms In Benzene Class Action Settlement

Already in receipt of more than $9m in refund requests from purchasers of potentially benzene-contaminated Neutrogena and Aveeno sunscreen products following a July 2021 recall, J&J now is finalizing a US multidistrict class action settlement that will add to those costs and require steps to prevent further benzene issues.

United States Supply Chain

Prostaglandin Analogues In Eyelash Cosmetics: Rodan & Fields To Settle Litigation For $38M

R&F will establish funds totaling $38m to put the kibosh on claims of fraud and unfair competition in US federal and state class actions, while maintaining it never intended its prostaglandin analogue-containing Lash Boost to impart drug-like structure and/or function effects on the human body. The settlement does not require R&F to stop selling Lash Boost or reformulate the product.

United States Beauty
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