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 year 2025 saw an increase in recall class actions challenging false advertising, labeling, and recall remedies across consumer goods, from household products to pet food. One persistent question for courts in these recall cases is whether the plaintiff has Article III standing, which often hinges on “traceability.” These cases do not appear to be slowing down in 2026, as consumers are becoming even more conscious and selective about the products they purchase, driving greater scrutiny and risk for product companies across all industries.
Continue Reading 2025 Recall Class Action Wave: False Advertising, Mislabeling, and Traceability Shape the Litigation Trends
The 2024 trends in recall litigation and class actions, including food recall cases, prudential mootness decisions, benefit of the bargain opinions, and PFAS litigation, continue into 2025. Click here to continue reading.
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
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
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
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