For many years, personal care companies have used a wide variety of ingredients that are now under scrutiny. Recently, Per- and Polyfluoroalkyl substances (PFAS) have received increased attention. Once intentionally added to products, several state laws ban or modify the total amount of these ingredients permitted in various products. Now, a new bill introduced in U.S. Congress late last year aims to follow suit.

Continue Reading What’s In and What’s Out? Cosmetic Companies Face Ingredient Compliance Conundrum

Enacted in 2022, Reese’s Law (P.L. 117-171) mandates federal safety requirements for button cell or coin batteries. This law mandates various requirements for button cell or coin batteries as well as consumer products that have or can use such batteries. The requirements range from performance to labeling and certification. Our team’s previous blog posts on Reese’s Law can be found here and here.

Continue Reading CPSC to Hold January 2024 Webinar on Reese’s Law and Button Cell and Coin Battery Requirements

The FTC has been active despite being in the midst of the holiday season. The Commission and the DOJ released its 2023 Merger Guidelines as well as a FY 2022 report detailing data on the HSR Premerger Notification Program. The Bureau of Consumer Protection was also active this week. It announced a new report summarizing key takeaways from an October 2023 roundtable examining the impact of generative artificial intelligence. The Commission also announced a new notice of proposed rulemaking and an extension to an existing proposed rulemaking related to consumer protection issues. These stories and more after the jump.

Continue Reading FTC Updates (December 18 – December 29, 2023)

Since the Federal Trade Commission (“FTC”) published its updated 2023 Guides Concerning the Use of Endorsements and Testimonials in Advertising earlier this year, consumer reviews have been front of mind. This guidance covers, in part, the treatment of consumer reviews, and companies have been (or should be) preparing for an uptick in FTC enforcement. But it’s not just the FTC to watch out for. A recent wave of class actions arising under California Civil Code § 1670.8 related to a customer’s right to make statements about their experience with a seller has raised the bar for retailers to another level.

Continue Reading I Can’t Say What? New Wave of Class Actions Target Consumer Review Terms & Conditions

What a company knew and when is a critical question in any lawsuit involving recalled products. And the answer may be complicated, particularly when a manufacturer announces multiple recalls and expands previous recalls.

Continue Reading Recall Litigation Report: Mid-America Pet Food Faces Putative Class Action Over Recalled Pet Food Products

The FTC kicked off the holiday season focusing on deceptive telemarketing practices. The Commission also announced the finalization of a rule targeting deceptive tactics used by salespeople during the car buying process. These stories and more after the jump.

Continue Reading FTC Updates (December 11 – December 15, 2023)

On December 18, 2023, the U.S. Food and Drug Administration (FDA) launched Cosmetics Direct, the electronic submission portal for facility registration and product listing required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) and published a User Guide for the portal.[1] Cosmetics Direct contains user friendly data entry forms, performs initial validations, creates and saves the structured product labeling (SPL) submission, and submits the SPL to FDA.

Continue Reading FDA Launches Cosmetics Direct and Issues Final Guidance on Facility Registration & Product Listings Required under MoCRA

On December 14, 2023, the FDA issued an update with further instructions on  serious adverse event reporting under the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”), which is enforceable starting December 29, 2023.

Continue Reading FDA Provides Updated Instructions for Reporting Serious Adverse Events under MoCRA