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.

Hundreds of foreign OTC drug firms marketing products in US had not been inspected for GMP compliance before FDA Safety and Innovation Act of 2012 pointed agency toward crossing those facilities off its list. Of the foreign OTC facilities inspected between June 2016 and January 2018, 25% received "official action indicated" inspection results, prompting warning letters and import alerts.

Industry faces an uphill fight in a last-ditch effort to reverse the Medicare “donut hole” changes enacted at the start of 2018. At the same time, a stand-off over OTC monograph reform could have ripple effects on the plans to modernize the US FDA Office of New Drugs.

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. 

Democrats potentially could target tightening regulatory oversight of some industries after regaining a majority in House, but Trump administration's high priority on reducing regulatory burdens bodes well that legislation to expand FDA's current authorities over the US supplement sector will not emerge before Congress' next session opens in 2021. NJ Democrat Frank Pallone could be member of Congress most commonly mentioned and lobbied by supplement industry during next session as Energy and Commerce chairman.

Nutrisystem's sale to Tivity Health comes after a year of expanding its nutritional products and related services with daily vitamin packs, nutritional bars and shakes and genetic-based analysis for a personal action plan focused on eating behaviors, nutrition and metabolism. Tivity's move into providing products, though, didn’t go over well with investors.

GSK further narrows consumer health focus with sale to Crown Labs of North American distribution rights for PanOxyl acne wash, Sarna anti-itch lotion, Zeasorb anti-fungal product, Desenex athlete’s foot treatment and Mineral Ice pain-relieving gel. Deals also helps UK pharma pay for its $5.1bn acquisition of oncology drug firm Tesaro.

GSK further narrows consumer health focus with sale to Crown Labs of North American distribution rights for PanOxyl acne wash, Sarna anti-itch lotion, Zeasorb anti-fungal product, Desenex athlete’s foot treatment and Mineral Ice pain-relieving gel. Deals also helps UK pharma pay for its $5.1bn acquisition of oncology drug firm Tesaro.

The consumer goods giant’s patronage of the Environmental Working Group’s ‘EWG Verified’ program could be a case of “If you can’t beat them, join them.” P&G says the mark will serve to reassure consumers that the Herbal Essences products meet the clean beauty standards of “very tough critics.”

Eli Consumer Healthcare is latest supplement marketer National Advertising Division has advised that tests of separate ingredients do not support claims for a whole product. Following NADs review of TummyZen claims on challenge by Tums firm GlaxoSmithKline, Eli Consumer appeals NAD's recommendations to discontinue claims that its supplement “stops acid production,” is “acid inhibiting,” “halts the secretion of chloride ions in your parietal cells to regulate the release of acid into your stomach,” “supports stomach lining” and is “long lasting."

Despite positive impacts from its Hydro 5 Sense and Intuition f.a.b. razor launches, Edgewell’s global Wet Shave business declined in the fourth quarter and full fiscal 2018. The firm remains focused on slashing costs, an effort that wasn’t helped by a Q4 charge related to REACH ingredient substitution.

GlaxoSmithKline (GSK) is making “very good progress” on improving margins at its Consumer Healthcare business, according to chief executive officer Emma Walmsley.

Bayer reported some encouraging third-quarter developments at its Consumer Health business, including the return to shelves of a key OTC brand in China. But there is still more to be done to complete the unit’s turnaround, says global Consumer Health head Heiko Schipper.

Importer Pure Assay Ingredients, owners Lynn Chau and Bao Luu charged in seven-count indictment with conspiring to deceive US Customs with stimulants labeled as melatonin, sucralose or other dietary ingredients. Also charged are two Chinese citizens who worked for Pure Assay in Chengdu, China, to bring the illegal substances to the US.

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.

FTC on consecutive days announced court order closing a California business allegedly charging consumers for products and enrolling them in negative-option continuity plans without their consent after they responded to bogus free trial online offers, and started mailing 16,596 checks totaling more than $750,000 to consumers who bought deceptively marketed supplements from a Maine firm that also lured customers with a free trial pitch.

“Understanding that inclusivity goes far beyond shade ranges, Full Spectrum was developed with the unique shade AND skin needs of multicultural women in mind,” according to a Coty/CoverGirl rep. The line is available now at Ulta.com, with a wider rollout planned for February 2019.

PepsiCo Game Fuel for gamers; CBDx ready for 'explosive' demand with gummies; Kali's Hemp4Mula starts with gum; and Vitamin Packs has nutrition portal for physicians.