This week, I sat down with Lisa R. Burchi, Of Counsel to Bergeson & Campbell, P.C. and resident expert on Proposition 65, among many other chemical laws. Lisa explains why businesses doing business in California need to know...more
This third installment in our series highlights the focus on children’s product safety at the 2025 International Consumer Product Health and Safety Organization (ICPHSO) symposium. This year’s symposium featured a range of...more
While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more
The 18-month clock is now ticking for businesses to comply with California’s Senate Bill (SB) 343, also known as the “Truth in Recycling” law, which addresses permissible recyclable claims. In 2021, California passed SB 343,...more
On April 4, CalRecycle published its final material characterization study (Study) pursuant to SB 343. Under SB 343, use of the chasing arrows symbol or other indications of recyclability on products or packaging that do not...more
Lawsuits were recently filed against Apple Inc. and Samsung Electronics America, Inc. related to their watch bands. Other lawsuits were also recently filed against The Hershey Co. related to the packaging of some of its...more
On December 11, 2024, the US Food and Drug Administration (FDA) updated its Guidance for Industry: Registration and Listing of Cosmetic Product Facilities and Products. As discussed in our previous On the Subject, FDA...more
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each...more
As of August 9, 2024, Colorado regulators have completed the first round of rulemaking for the state’s regulated Natural Medicine program, laying the foundation for the program’s launch on January 1, 2025. While some rules...more
This post summarizes a newly published regulation (the “Amended Regulation”) amending the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and business in key areas such...more
What You Need To Know In A Minute Or Less - For both consumers and producers, the recent seismic shifts in packaging—from materials to circularity advertising—have been hard to miss. The past few years have introduced several...more
The Food and Drug Administration (“FDA”) will begin enforcement of the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) on July 1, 2024. MoCRA represents the biggest regulatory overhaul for the cosmetics industry...more
The U.S. Food and Drug Administration (FDA) had a busy end of 2023 regarding cosmetics facility registration and product listing, which are now required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)....more
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) brought significant changes for the US Food and Drug Administration’s (FDA’s) regulation of cosmetic products. Recent FDA action, including the issuance of final...more
Key Takeaways - What Happened: The Food and Drug Administration (FDA) released four updates regarding MoCRA in December....more
As the December 29, 2023 deadline for certain aspects of the Modernization of Cosmetics Regulation Act (“MoCRA”) approaches, FDA has finalized its guidance document governing the registration of cosmetic manufacturing...more
The U.S. Food and Drug Administration (FDA) has announced that it intends to delay enforcement of cosmetic product facility registration and product listing requirements under the Modernization of Cosmetics Regulation Act...more
Key Takeaways - What Happened: FDA announced delayed enforcement for MoCRA facility registration and product listing information....more
The Modernization of Cosmetic Regulations Act of 2022 (MoCRA) is part of the Food and Drug Omnibus Reform Act of 2022 (FDORA) that President Biden signed into law late last year. MoCRA greatly expands the FDA’s oversight...more
Earlier this month, in a step toward implementing the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), FDA issued a draft guidance document titled “Registration and Listing of Cosmetic Product Facilities and...more
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is is the most significant expansion of FDA’s authority to regulate cosmetics since the Federal Food, Drug, and Cosmetic (FD&C) Act was passed in 1938. As we...more
Heralding the significant changes coming to the U.S. cosmetics industry starting in 2023, the U.S. Food and Drug Administration ("FDA") has issued draft guidance to companies regarding cosmetic facility registrations and...more
On Aug. 14, the Ninth Circuit issued its decision in Nacarino v. Kashi Co., providing some much-needed clarity to the FDA’s protein labeling requirements. The decision dealt with two separate cases from the Northern District...more
The U.S. Food and Drug Administration (FDA) issued draft guidance for industry on the registration and listing of cosmetic products under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) on August 7, 2023. The...more