PFAS compliance in cosmetics has become a critical and growing legal risk for beauty and personal care companies, driven by an expanding patchwork of state bans across 14+ jurisdictions and increasingly sophisticated consumer class action litigation that companies must address proactively rather than reactively. Click here to continue reading the full version of this alert.
Crowell’s Litigation and Consumer Products partner Meghan McMeel will be speaking at the ICPHSO 2025 International Symposium on October 15. Meghan’s panel, Intersection of Consumer Product Safety and Mental Health, will discuss the implications of the General Product Safety Regulation’s inclusion of mental health when defining product safety, emphasizing the inclusion of mental health
On September 9, Crowell & Moring hosted its quarterly Crowell Atelier networking breakfast for luxury and retail clients. The event featured a conversation between Shane St. Hill, chief legal and compliance officer at Studs, an experiential retail and e-commerce company that offers bespoke ear piercing services; and Crowell partner Matthew F. Ferraro, former senior counselor for cybersecurity and emerging technology to the U.S. secretary of homeland security. Shane and Matthew discussed critical considerations for online consumer engagement, including the opportunities and risks of artificial intelligence in targeted marketing; national and international data privacy requirements; cybersecurity; and consumer notifications and consents.
Continue Reading Crowell Atelier Fall 2025: E-Commerce in the Age of AI
In an effort to update and modernize the FDA’s regulation of sunscreen, Representative John Joyce (R-Ohio) and a group of bipartisan members of Congress introduced in June the Supporting Accessible, Flexible, and Effective Sunscreen (SAFE) Standards Act. If enacted, the bill would establish a more flexible regulatory scheme at the FDA, decrease the cost
Despite other sweeping changes to the federal government under the Trump administration, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), passed under former President Biden, remains good law. Below, we report on recent trends in FDA’s implementation and enforcement of MoCRA in the early months of Trump’s presidency.
FDA is continuing to monitor the cosmetic industry’s compliance with MoCRA. On March 13, 2025, FDA released data summarizing the number of active facility registrations and product listings submitted pursuant to MoCRA’s requirements.
Continue Reading MoCRA Under the Trump Era: A Look at FDA’s Monitoring and Enforcement Two Months In
Please join us on December 5th at 2:00 PM CET for an in-depth discussion led by industry authorities and legal professionals as they demystify the complexities of the new Urban Wastewater Treatment Directive (UWWTD) and its impact on the pharmaceutical and cosmetic industries. This comprehensive webinar will cover:
Continue Reading What impact will the new Urban Wastewater Treatment Directive really have on the pharma and cosmetic industries?
On October 25, 2024, FDA issued final guidance to the tattoo industry on the preparation, packing and holding of tattoo inks aimed at preventing the risk of microbial contamination. FDA is getting involved because tattoo ink is considered a cosmetic product regulated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).
Continue Reading The Ink is Dry: FDA Issues Final Guidance for Tattoo Industry
Earlier this month, the U.S. District Court for the Northern District of California ruled in favor of Marc Jacobs and its retailers, refusing to grant summary judgment to Korean luxury skin-care company Amarte USA Holdings, Inc. on its claim that Marc Jacobs’ EYE-CONIC eye shadow infringed Amarte’s rights to its trademarked EYECONIC eye cream. Ruling on cross-motions for summary judgment, U.S. District Judge Charles R. Breyer found that there was no likelihood of confusion between the products, so Marc Jacobs and the retailers were not liable for trademark infringement or other claims hinging on consumer confusion.
Continue Reading Northern District of California Wipes Away EYECONIC / EYE-CONIC Trademark Litigation
On July 29, 2024, FDA announced that it added two new features to Cosmetics Direct, the electronic submission portal used for the facility registration and product listing requirements now in effect under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). The portal now allows responsible persons to “discontinue” and “relist” cosmetic products.
Continue Reading Cosmetics Direct Gets Two Portal “Fillers” – Discontinuation & Relisting Features Added
The FDA will begin to enforce the Modernization of Cosmetics Regulation Act (MoCRA)’s facility and product registration requirements on July 1, 2024. MoCRA has a significant impact on U.S. cosmetic manufacturers and marketers (and suppliers of ingredients). Companies should initiate steps to implement compliant systems now. Is your company prepared? To help make sure you