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Regulation/Legislation (Cosmetics)

Regulation

Set Alert for Regulation (Beauty)

Latest From Beauty & Regulation

California Eyeing ‘Monumental’ Change To How Cosmetic Products Are Classified For VOC Controls

Currently, representations on product labels dictate the levels of VOC content they are permitted to contain under the California Air Resources Board’s consumer products regulations. In its drive to tighten VOC limits, the agency is considering a change that would make online statements additional controlling factors for VOC categorization, one of several moves the personal-care industry aims to discourage.

State News Regulation

Beauty Industry Working With California Air Board To Inform VOC Regulatory Updates

Personal Care Products Council exec Tom Myers says it’s crucial that industry be involved now, ahead of proposed rulemaking expected from California’s “clean air agency” in 2020, to inform the Air Resources Board about reformulation challenges and opportunities to reduce levels of volatile organic compounds in line with state goals.

US States Beauty

ASA Takes Shears To Hairburst Ad Claims; Volume & Growth Elixir Will Need Name Change

Hairburst’s hair-growth and hair-loss prevention claims on cosmetic products are inadequately substantiated, and many of the health claims it uses to promote food supplements are unauthorized, the Advertising Standards Authority says in a 14 Aug. decision.

United Kingdom Advertising, Marketing & Sales

California DTSC’s Nail-Care Focus May Not End With Toluene

Other nail-care chemicals beyond toluene could be selected down the line for Priority Product consideration under California’s Safer Consumer Products regulation, the program’s Acting Deputy Director Karl Palmer suggested in an interview. For now, the Department of Toxic Substances Control is moving its toluene documents through peer review, with possible rulemaking to follow.

US States Cosmetic Ingredients

California DTSC’s Safer Products Chief On 1,4-Dioxane, Why Paint Stripper AA Is Worth Following

Manufacturers of methylene chloride-containing paint strippers have submitted the first substantial alternatives analysis under California’s Safer Consumer Products regulation, an undertaking that could be informative for other industries. Karl Palmer, who heads the program for the Department of Toxic Substances Control, discusses the process and the DTSC’s probe into 1,4-dioxane in personal care.

Regulation Manufacturing

No Hiding That Tanning Product 'Brand Ambassador' Instagram Post Is An Ad

UK regulator advises Cocoa Brown brand ambassador and TV personality Olivia Buckland to include "#ad" disclosure in Instagram posts touting the tanning mousse. Ruling is regulator's second in a week cracking on paid-for health and beauty influencer Instagram promotional posts not indicated as advertising.

Cosmetics Enforcement
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Legislation

Set Alert for Legislation (Beauty)

Latest From Beauty & Legislation

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

California Fragrance Disclosure Bill Has Clearer Path To Governor With Industry Opposition Removed

Major industry advocates have dropped their formal objections to an amended California bill that would require use of questionable fragrance components in cosmetics to be reported to the state’s health department. The proposed legislation is moving rapidly through the California Assembly after passing the Senate in late May.

US States Beauty

Rep. Pallone Seeks FDA Update On Imported Cosmetics; Input On Legislation Requested

The Democratic congressman from New Jersey requests updated data on imported cosmetics and FDA’s related inspection work in a June 26 letter to agency leadership, which follows a similar inquiry from Pallone in 2016. Further, he asks for any additional information that might inform the development of cosmetics reform legislation.

United States Beauty

‘Legislation In Search Of A Problem’? NGO Crusade Goes On For Global Cosmetic Animal-Testing Ban

NGOs continue to push for a worldwide ban on cosmetics developed at animals’ expense. With cruelty-free cosmetics laws already in place in Europe, California and other major markets around the globe, animal-welfare advocates still see strategic value in driving bans in, say, Nevada. 

North America Europe
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Litigation

Set Alert for Litigation (Beauty)

Latest From Beauty & Legal Issues

L’Oreal Litigation Win Is Good News For Marketers Of Pump-Dispensed Cosmetics

Even if plaintiffs’ allegations are true and significant amounts of L'Oreal Paris and Maybelline pump-dispensed liquid makeup cannot be accessed by consumers due to the company's packaging design, plaintiffs’ deception claims still are preempted by federal statutes, a US district judge says, dismissing the proposed class action in New York’s Southern District.

United States Beauty

CBD Beauty Claims Based On Third-Party Studies Could Be Litigation Targets – Venable Attorney

There’s a growing body of scientific evidence linking cannabidiol to benefits of interest to beauty industry players, but if a company’s CBD ingredient differs from the substance studied, that could be grounds for a false-advertising complaint. Venable partner Todd Halpern discusses.

United States Beauty

Blood In The Water? L’Oreal Hit With New Keratin Fraud Complaint As Matrix Suit Advances

L’Oreal USA is in Phase II expert discovery in a certified class action alleging that the absence of keratin in its Matrix Biolage Keratindose hair-care line misleads consumers. Now the firm faces similar allegations, also in New York’s Southern District, about a L’Oreal Paris Keratin Caring range.   
United States Beauty

California Federal Court: Products That Firm Skin Via Moisturization Could Be Unapproved Drugs

Plaintiff Ashley Franz’s claim that Beiersdorf’s Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed drug clears the “relatively low bar of plausibility,” a California federal court determined May 21, denying the firm’s latest bid for dismissal. However, the court intriguingly suggests a motion for summary judgment could be “appropriate” before addressing class certification.

Beauty Legal Issues

CBD Cosmetics Rush Is ‘Fast And Furious,’ But Don’t Skimp On Testing, Experts Say

Speakers at ICMAD’s regulatory workshop in New York stressed the importance of CBD testing in today’s highly uncertain climate for hemp-based cosmetics. While rigorous testing can drive up costs and slow the path to market, it also could significantly reduce chances of safety, regulatory or legal issues down the line.

Beauty Cosmetic Ingredients

Cosmetic CBD Has Insurance Industry Spooked: The Dope Before You Toke

Marketing CBD-containing cosmetics in today’s hazy legal and regulatory environment carries risks beyond what insurance carriers may be willing to take on. Kenneth Hegel of Cosmetic Insurance Services, a division of brokerage firm Frenkel & Company – an Epic Company, discusses the dilemma facing underwriters and criteria companies can meet to improve their insurance prospects.

Beauty Cosmetic Ingredients
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