In a decision building on a string of recent industry wins, a federal district court granted a permanent injunction, which extended an earlier issued preliminary injunction, prohibiting the filing of new lawsuits to enforce...more
ACI’s 3rd Annual West Coast Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Product is the must-attend event for cosmetics and personal care professionals looking to navigate the toughest legal,...more
States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,...more
FDA Stalls, But States Push to Keep It Clean Congress and FDA lauded the Modernization of Cosmetics Regulation Act (MoCRA), enacted in 2022, as sweeping federal legislation to increase cosmetic safety and quality standards....more
In March 2024, Valisure, an independent quality advocate, filed a citizen petition claiming to have detected elevated levels of benzene in benzoyl peroxide acne treatment products. Valisure’s petition included testing results...more
Attend ACI’s 12th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products to stay ahead of the latest environmental and sustainability developments impacting cosmetics and personal care products...more
A US Court of Appeals for the Federal Circuit panel consisting of Judges Sharon Prost, Richard Taranto, and Raymond Chen recently heard oral argument in Lashify, Inc. v. US International Trade Commission, an appeal from a...more
Conventional notions of trademark law suggest that emulating a popular product or service carries certain legal risks. However, a recent federal ruling highlights the complexities of trademark infringement cases involving...more
BBB National Programs’ National Advertising Division (NAD) has found claims by skincare company Drunk Elephant, LLC that its products are “safe for kids and tweens to use” to be supported but recommended the company modify...more
If you’ve been on social media lately, depending on your algorithm, you may have witnessed tween influencers touting expensive skincare routines, or commentators lamenting the rise of the Sephora Kid. Before the holiday,...more
The Regulations Amending Certain Regulations Concerning the Disclosure of Cosmetic Ingredients (SOR/2024-63) (the “Amended Cosmetic Regulations), published on April 24, 2024, took effect on October 9th (with the exception of...more
U.S. Representatives Ayanna Pressley (D-Mass.), Nydia M. Velázquez (D-N.Y.) and Shontel Brown (D-Ohio) have sent a letter to U.S. Food and Drug Administration (FDA) Commissioner Robert Califf seeking an update on the agency’s...more
U.S. Senate Majority Whip Dick Durbin (D-Ill.) has introduced the Dietary Supplement Listing Act of 2024, which would require companies to provide the U.S. Food and Drug Administration with information such as product names,...more
Personal care products include a wide range of items such as cosmetics, skin care products, hair care products, deodorants, and more. Two of the largest segments of these products are shampoo and hair dye. In 2022, there were...more
Vermont Gov. Phil Scott has signed into law a bill banning several chemicals including per- and polyfluoroalkyl substances (PFAS) from cosmetics and personal care products....more
On June 12, 2024, the U.S. District Court for the Eastern District of California (District Court) issued an Order granting a preliminary injunction brought by the Personal Care Products Council (PCPC), which alleged that the...more
The July 1, 2024 deadline is fast approaching for cosmetic product manufacturers to comply with new registration and listing requirements under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). Passage of the...more
“Can’t be good for my health,” a song lyric from Gwen Stefani and No Doubt’s early 2000s single, “Magic’s in the Makeup,” comes to mind when we think of the Food and Drug Administration’s possible motives for recent...more
On June 12, 2024, the U.S. District Court for the Eastern District of California preliminarily enjoined the California Attorney General and all private enforcers of California Proposition 65 from filing new lawsuits to...more
The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits. However, without proper legal protection, competitors can quickly replicate a product, eating...more
Since January 1, 2022, California’s Fragrance and Flavor Ingredients Right to Know Act of 2020 has required manufacturers of cosmetic products to disclose the following information to the California Department of Public...more
What You Need To Know In A Minute Or Less - A recent rise in class-action complaints against beauty industry leaders, targeting the use of “clean” or “natural” descriptions in cosmetics, further highlights the tightrope...more
On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term...more
HIGHLIGHTS IN 2023 DEVELOPMENTS - FDA Takes Steps to Implement MoCRA - In 2023, the U.S. Food and Drug Administration (FDA) took several steps to implement the Modernization of Cosmetics Regulation Act (MoCRA), which...more
The perils of searching for beauty and longevity - We all want to look attractive: to family, friends, and lovers. But there is such a thing as trying too hard to buff up our appearance, and in this Valentine’s month,...more