Regulation/Legislation (Cosmetics)
Regulation
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Latest From Beauty & Regulation
Walmart Lays Out Expectations For Beauty Brands' MoCRA Compliance
Walmart Inc. sent a brief to all its beauty and personal-care vendors detailing expectations for brands and other partners under the Modernization of Cosmetics Regulation Act, noting violations of the law breach its supplier agreements.
MoCRA’s Adulteration Ambiguity And FDA’s New Cosmetic Recall Authority: Attorney Weighs In
The US FDA should use guidance or rulemaking to clarify MoCRA provisions related to adulteration, Amin Wasserman Gurnani attorney Angela Diesch suggested at the Independent Beauty Association’s Cosmetics Convergence Spring Symposium. Attendees also sought her take on whether the agency’s new recall authority is likely to spell an increase in cosmetic product recalls.
Beauty Packaging Producers: July Marks Registration Deadline With PRO In Three States
Companies considered producers of single-use packaging in Oregon, Colorado and California must register with Circular Action Alliance, the leading (and currently only) producer responsibility organization, by 1 July 2024 under new state recycling laws.
Fenty Cleanser Performance Claims Supported, But Influencer Videos Need Disclaimers – NAD
A National Advertising Division review of claims by LVMH-owned Fenty Skin determined makeup- and dirt-removal representations were substantiated by a study and subject questionnaire, but demo videos from paid endorsers must include disclosures about material connections in accordance with FTC guidelines.
MoCRA Stakeholders Reminded Registration Enforcement Begins 1 July: ‘Do Not Delay!’
The Independent Beauty Association urged stakeholders at its Cosmetic Convergence Symposium to take action to ensure they are meeting requirements of the Modernization of Cosmetics Regulation Act come 1 July, when FDA’s enforcement of the facility and product registration deadline begins. Presenters offered tips from companies that have already completed the process.
Cosmetics Industry Awaits FDA’s Allergen List While Working To Inform GMP Rulemaking
The Independent Beauty Association does not yet have insight into what ingredients will be listed in the US FDA’s proposed rulemaking for cosmetic allergen labeling – due by 29 June – but is optimistic the agency will consult industry when it comes to setting the compliance timeline. Meanwhile, industry stakeholders are pushing for international harmonization in the agency’s cosmetic GMPs rulemaking.
Legislation
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Latest From Beauty & Legislation
EU Firms To Pre-Approve Green Claims Or Face Minimum 4% Annual Turnover Fine
Exclusion from procurement processes, confiscation of revenues, and a fine of at least 4% of annual turnover are some of the penalties the European Parliament is considering for greenwashing as part of its position on the EU Green Claims Directive.
US Senate Considers State-Level EPR Recycling Programs While Mulling Federal Role
The US Senate Committee on Environment and Public Works discussed state extended producer responsibility programs with stakeholders including S.C. Johnson & Son at a 6 March hearing to consider what the “proper role” of the federal government should be to address the plastic waste crisis. Two recycling bills passed the Senate a week later that could help set the stage.
Biden Administration's $7.13Bn FDA Budget Request For FY2025 Includes $3.3Bn In User Fees
White House’s 1,298-page budget request published on 11 March includes around $2m more than the agency’s total FY2024 spending Congress approved on 8 March and the president signed the next day. Of FDA’s total FY2025 spending $3.286bn would come from user fees.
FDA Food Programs Chief Assured On Supplement Office Move, Pessimistic On Agency Budget
“We think that this structure actually provides us the best path forward in terms of optimizing on our resources,” Jim Jones says of ODSP move. On the other hand, he says Congress didn’t appropriate for the agency’s optimal operation.
Hawaii Contemplates Measures To Increase Access To Sunscreens Following Sunscreen Bans
Hawaii looks to “ease the burden” of finding reef-safe sunscreens by distributing it to sunseekers at beaches. The proposed legislation comes roughly three years after the Aloha State began prohibiting sale of oxybenzone- or octinoxate-containing sunscreen products due to concerns about potential harm to coral.
Educating Congress Becomes More Essential For FDA With Key Capitol Hill Departures
Energy and Commerce Committee Chair Cathy McMorris Rodgers’ decision not to seek reelection may mean FDA officials must orient a new chair on their activities and priorities.
Litigation
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Latest From Beauty & Legal Issues
California Court’s Inaction On TiO2 Prop 65 First Amendment Case Breeds New Lawsuits
The Personal Care Products Council seeks to stem the rising tide of titanium dioxide Proposition 65 lawsuits, requesting that a California court prohibit the state’s Attorney General and private enforcers from filing and/or prosecuting new suits against cosmetics companies failing to warn about potential TiO2 exposure.
AI Advancing Quickly, But Same FTC, IP Rules Apply – Attorney
Artificial intelligence opportunities are on the rise for marketers, including in the beauty and personal-care sectors. Reed Smith partner Stacy Marcus offers advice on staying compliant with US consumer protection and copyright laws in this rapidly changing world.
L’Oreal Joins J&J And Major Retailers Defending Benzene Class Actions In Federal Courts
Benzoyl peroxide-based acne drug products and their alleged proclivity to become contaminated with carcinogenic benzene are at the center of putative class actions filing against L’Oreal in federal courts around the US.
‘Clean At Sephora’ Suit Fails Reasonable Consumer Test; Case Dismissed
Sephora successfully dismissed a putative class action in New York’s Northern District on 15 March, as the judge was not convinced by the plaintiff that a reasonable consumer would read “Clean at Sephora” as meaning “no synthetic or harmful ingredients whatsoever.”
Cue The Class Actions! Plaintiffs React To Valisure’s Benzene Findings In Acne Drug Products
J&J, Target and Walgreens face class action complaints in California federal courts for economic harms caused by their sale of benzoyl peroxide-containing acne treatments, following Valisure’s 5 March citizen petition to the US FDA on findings of high levels of benzene in such products.
Revlon Moves To Dismiss ‘Ammonnia-Free’ Hair-Color Suit Lacking ‘Reputable Laboratory Analysis’
Ammonia is in fact absent from “Ammonia-Free” Creme of Nature Moisture-Rich Hair Color with Shea Butter Conditioner, and what’s missing from plaintiff’s class action complaint is lab testing to corroborate her findings at home using ill-suited testing strips, Revlon says.
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