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
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
Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more
The U.S. Food and Drug Administration (FDA) issued draft guidance on August 7, 2023, clarifying new requirements for cosmetic facility registrations and product listings under the Modernization of Cosmetics Regulation Act of...more
On August 24, 2022, the California Attorney General released a statement regarding a settlement agreement that the State of California reached with Sephora, Inc. (“Sephora”), the international consumer product retailer...more
The holiday shopping season is upon us once again and this year, as last, continues to present challenges for consumer companies and retailers. Omnichannel is growing in prominence as consumers maintain their reliance on...more
Twenty-twenty was an unprecedented year of crisis throughout the world with the onset of the COVID-19 pandemic. Stay-at-home orders, quarantines, remote work, and Zoom-school did not slowdown Proposition 65 plaintiffs,...more
In November 2020, Proposition 65 (“Prop. 65”) plaintiff groups issued three hundred and fourteen (314) Prop. 65 60-Day Notices of Violation (“Notices”). In these Notices, plaintiff groups allege that chemicals in foods and...more
October 2020 Proposition 65 (“Prop. 65”) claims were, once again, varied and abundant with respect to food and consumer product allegations. Plaintiff groups issued three hundred and thirty-three (333) total Prop. 65 60-Day...more
September 2020 Proposition 65 (“Prop. 65”) claims were, for the most part, “oldies but goodies.” Plaintiff groups issued three hundred and forty (340) total Prop. 65 60-Day Notices of Violation (“Notices), over two hundred...more
My review of recently filed notices of violation, affirms that many of the same noticing parties and counsel are still on the hunt for low dollar consumer items that contain phthalates. There has been an interesting...more
On March 5, the U.S. Food and Drug Administration (FDA) simultaneously published its independent testing results confirming the presence of asbestos in certain cosmetic products sold by Claire’s and by the girls'...more