News & Analysis as of

Toxic Chemicals Personal Care Products

Morgan Lewis

Court Holds Prop 65 TiO2 Warning Violates First Amendment in Cosmetics and Personal Care Products Industry Win

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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

Holland & Knight LLP

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

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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

Loeb & Loeb LLP

From Beauty Trend to Sweeping State Mandates: What Brands Need to Know about the Rise of "Toxic Free" Laws

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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

Venable LLP

Compliance and Safety: Look to Both When Evaluating the Compositions of Your FDA-Regulated Products

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The composition of FDA-regulated products is coming under increasing scrutiny from FDA, state governments, consumer watchdog groups, and the plaintiff’s bar. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

FDA Contradicts Benzene Class Actions, Highlighting Risks of Third-Party Lab Testing

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

Alston & Bird

Addition of Vinyl Acetate to Proposition 65 List

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The California Office of Environmental Health Hazard Assessment recently added vinyl acetate to the Proposition 65 list of carcinogens. Our Environment, Land Use & Natural Resources Group discusses what companies need to...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin - September 2024

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

Shook, Hardy & Bacon L.L.P.

Vermont Governor Signs Law Banning PFAS from Cosmetics - Dietary Supplement & Cosmetics Legal Bulletin

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

Searcy Denney Scarola Barnhart & Shipley

Can Chemical Hair Straighteners Cause Cancer? Understanding the Risks

Chemical hair straighteners are popular products sold in stores and hair salons across the United States. But, they are also dangerous. Over the past few years, there have been several reports of these products being linked...more

Steptoe & Johnson PLLC

PFAS Lawsuit Involves Health Care Products

Steptoe & Johnson PLLC on

Certain Band-Aid bandages are the focus of a recently filed lawsuit. A complaint (filed in Moultrie, 3:24-cv-4757, (D.N.J. Apr. 10, 2024)) alleges that Band-Aid Flexible Fabric and Ourtone (BR45, BR55, and BR65) bandages...more

Bergeson & Campbell, P.C.

California Court Grants Injunction to Stop Prop 65 Warnings for Titanium Dioxide in Cosmetic and Personal Care Products

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

Downey Brand LLP

A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023

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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

Sheppard Mullin Richter & Hampton LLP

Hair Products with Formaldehyde Are Going Out of Style: Is Your Organization Ready for the Change?

On June 13, the Biden Administration released its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions, which announced its plan to propose a rule that would ban the inclusion of formaldehyde and other...more

Searcy Denney Scarola Barnhart & Shipley

The Link Between Chemical Hair Straighteners and Health Problems: Understanding the Science

Hair straightening products have recently been linked to health problems, including uterine cancer. While this is a startling development, it also appears to have been an issue that companies like L’Oréal and Revlon could—and...more

Searcy Denney Scarola Barnhart & Shipley

What You Need to Know About the Recent Mass Tort Litigation for Chemical Hair Straighteners

Women are suing L’Oréal and other hair product companies for selling dangerous chemical hair straighteners. With a recent study suggesting that women who use these products “frequently” (four or more times in a year) are...more

BCLP

PFAS litigation update: The risks of consumer product marketing claims

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As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate...more

Searcy Denney Scarola Barnhart & Shipley

Why Are So Many Women Suing Over Chemical Hair Straighteners? Examining the Evidence

Recently, numerous women have sued hair product companies like Revlon and L’Oréal for selling dangerous chemical hair straighteners. The reason for this is that these hair straightening products have been shown to...more

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - September 28th - 29th, Santa...

The American Conference Institute is hosting its first West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products in Santa Monica on September 28-29, 2023! This conference comes just in time to...more

Downey Brand LLP

Proposition 65 Quarterly Highlights - March & June 2023: Prop. 65 Plaintiffs are “Fishing” for More…

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Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more

BCLP

PFAS Update: Litigation trends in PFAS consumer product litigation from 2021 to 2022

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In recent years, the topic of per- and polyfluoroalkyl substances (“PFAS”) has become well-known to the general public. State and federal regulators have implemented new regulatory standards for PFAS in groundwater, drinking...more

Buchalter

Toxic-Free Cosmetic Act Enacted in Washington State

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Governor Jay Inslee signed HB 1047, Washington State’s Toxic-Free Cosmetic Act (the Act) into law on May 15, 2023. The Act bans some of the most concerning chemicals added into cosmetic and personal care products, including...more

ArentFox Schiff

Minnesota Legislature Considers PFAS in Products Bill

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The Minnesota Legislature is currently considering legislation prohibiting the presence of intentionally added PFAS in a variety of consumer products by 2026 and in all consumer products by 2032....more

Downey Brand LLP

Proposition 65 Quarterly Notice – Third Quarter 2022: Citizen Plaintiff Groups Continue to Pursue Seafood, Ceramics, and Personal...

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Last quarter, citizen plaintiff groups issued nine hundred twenty-seven (927) total Notices of Violation (“Notices”), which was over one hundred fifty (150) more than the second quarter of 2022. As reported in Downey Brand’s...more

Stark & Stark

Lawsuit Claims L’Oreal’s Hair Straighteners Cause Cancer

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A Missouri woman has sued L’Oreal, along with several other beauty companies, alleging that she developed uterine cancer as a result of using their hair straightening products. Per the lawsuit, her cancer was “directly and...more

Console and Associates, P.C.

New Lawsuit Alleges L’Oréal Hair Straightening Product Causes Uterine Cancer

Recently, a Missouri woman filed a product liability lawsuit against French-cosmetic giant L’Oréal, claiming the company’s hair-straightening products contained dangerous chemicals that caused her to develop uterine cancer....more

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