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.
In a Law360 article published today, “How Food, Beverage Claims May Preview Cosmetic Litigation,” Crowell attorneys argue that class action litigation trends from the food and beverage industry — including lawsuits over “natural” labeling claims, deceptive packaging (slack-fill), and greenwashing — are directly foreshadowing, and providing a strategic roadmap for, the wave of similar litigation
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) marked the most significant expansion of FDA’s authority over cosmetics in 80 years — and the agency is putting that authority to work. From the launch of a new adverse event reporting tool to forthcoming rules on fragrance allergens and good manufacturing practices (GMP), FDA is
The Ninth Circuit ruled that NFTs are not just digital collectibles but legally recognized goods under the Lanham Act. Click here to read the full version of this alert.
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
“Right to Repair” laws are regulations that generally require manufacturers to give consumers and independent repair providers access to tools, parts, and information to repair certain consumer products and other equipment on fair and reasonable terms. Recently, six states—California, Colorado, Minnesota, New York, Massachusetts, and Oregon—have implemented their own comprehensive right to repair regulations. Click
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
A warning letter posted by the Food and Drug Administration (FDA) on June 18, 2024 offers a first glimpse into how FDA may enforce its new regulatory scheme for products that fall within the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)’s purview. While MoCRA was enacted in December 2022 and many of its provisions became enforceable on December 29, 2023, until now, many have wondered how FDA will exercise its new enforcement powers.
Continue Reading FDA Unveils Its “First Look” Into How It Will Enforce MoCRA
Talc is a mineral ingredient used in many cosmetic and personal care products, including baby powder, root touch-up products, and blush. Because both talc and asbestos are naturally occurring minerals that may be found in close proximity in underground deposits, there is risk for contamination of asbestos in talc-based products.
Continue Reading Talc About Toxic-Free Cosmetics
As we have previously discussed, in recent years, consumers have increasingly demanded “cleaner” beauty products and more transparency in product labeling. In addition to the FDA’s increased authority to regulate cosmetics under MoCRA, a number of states have now taken steps to regulate ingredients in cosmetics by limiting, and in some instances even banning, the use of certain ingredients that may be potentially harmful or toxic.
Continue Reading Is it Allowed? Companies Face New Challenges with an Ever-Evolving List of “Off Limits” Ingredients in Cosmetic Products