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Type: News

Section: Regulations > Claims/Labeling

cosmetic products spilling out of yellow makeup bag

Legal Briefs: 18 Product Alerts in Europe, J&J Ups Talc Offer $1.1 B, Tattoo Pigment Recall, Coppertone Class Action Dropped

This legal briefing includes 18 product citations in Europe for fragrance allergens/prohibited substances; J&J's raised talc settlement offer; a tattoo pigment recalled for microbe contamination; and a dropped class action against Coppertone.

Sunscreens are a hot topic all across the industry, garnering 1.4 million posts on TikTok and 4.2 million posts on Instagram under #sunscreen.

Are Reef Safe Claims a Gimmick? Big Lots Sunscreen Lawsuit, Hawaii Ingredient Bans, TikTok Misinformation

Sunscreens are a hot topic all across the industry, garnering 1.4 million posts on TikTok and 4.2 million posts on Instagram under #sunscreen.

“E-commerce platforms create opportunities for legitimate companies to grow and reach new consumers, providing them with more choices and greater convenience,' PCPC notes. 'However, the current structure is vulnerable to exploitation and contributes significantly to a rise in illicit trade. Counterfeit personal care products damage businesses, disregard regulatory protections and more importantly threaten consumers’ health and safety.'

The SHOP SAFE Act of 2024 Seeks to Tackle Beauty's Multi-billion-dollar Counterfeiting Problem: PCPC

Led by Reps. Darrell Issa (CA-48), Jerrold Nadler (NY-12), Ben Cline (VA-06) and Hank Johnson (GA-04), the act addresses many concerns brands have about e-commerce platforms offering questionable beauty products.

After users' 'sweatiest” workouts, the videos and commercials depicted their underarms being completely dry. In its decision, the BBB National Programs’ National Advertising Division determined the videos and commercials conveyed a message that the product completely prevents underarm sweat and sweat marks.

BBB National Programs’ National Advertising Division, Prompted by P&G, Calls Out Unilever's Degree Advanced Deodorant Claims

The BBB National Programs’ National Advertising Division called on Unilever to discontinue or modify claims suggesting its Degree Advanced Antiperspirant prevents sweat and sweat marks throughout intense exercise. P&G brought forth the challenge.

Woman Applying Sunscreen At Beach Adobe Stock 158259786

Walmart, Target Flagged for 'Deceptive' Reef-friendly Sunscreen Claims

Walmart and Target have both been hit with proposed class actions over "reef friendly" sunscreen claims due the their organic UV filters, consumer perception and fluctuating evidence over coral bleaching. What direction should formulators take?

The session will cover topics such as INCI, GMPs, MoCRA, product safety and more.

PCPC to Unravel Misinformation, MoCRA, Claims Testing and More at NYSCC Suppliers' Day

During NY SCC Suppliers' Day, to be held May 1-2, 2024, at the Javits Center in NY, the Personal Care Products Council (PCPC) will host a separately ticketed session on cosmetic regulation on May 2. Topics will include INCI, GMPs, MoCRA, safety and more.

Clean Beauty Sephora Hero Item Adobe Stock 317095763

Sephora Wiped Clean of Alleged Misleading 'Clean Beauty' Claims

According to Bloomberg Law, Sephora has defeated the proposed class action alleging products labeled “Clean at Sephora” were deceptively marketed. Mark this a "win" for the cosmetics industry.

The #mydentity Guy Tang Reflect line of liquid demi permanent hair dyes is being recalled for potential contamination with nitrosamines.

Correction: Hair Products Recalled, Grande Cosmetics Settles and Sephora/Target 'Clean' Beauty Suits Continue

This roundup of products in "hot water" includes recalls on a hair dye and shampoo, Grande Cosmetics' settlement and a look at the latest "clean" beauty suits against Sephora and Target.

According to the company, the tool can save organizations hours in time typically spent on regulatory and retailer standards review.

Cosmex AI Takes Regulatory Compliance for Cosmetics to the Next Level

Those who were wondering how artificial intelligence (AI) might take cosmetic product development to the next level now have their answer. Cosmex AI can scan 30,000+ ingredients to instantly indicate if a product complies with regulators or retailers.

One guideline is to include quantitative information from control groups; specifically, companies should fully describe the comparator used.

FDA Finalizes Guidance on DTC Drug, Biologicals Promotional Labeling

While cosmetics are not drugs, the industry could take inspiration from the U.S. Food and Drug Administration's (FDA's) guidance from the Office of Prescription Drug Promotion on labeling direct-to-consumer (DTC) drugs and biological products.

Future ads must not feature claims that competing deodorants or antiperspirants, by inhibiting perspiration or containing synthetic ingredients including aluminium salts, are linked to health problems such as hormonal imbalances, itchiness, rashes or body odor.

ASA Rules Wild Cosmetics Deodorant Claims are Misleading

The UK-registered Advertising Standards Agency (ASA) upheld its ruling that a Dec. 2, 2022, YouTube ad and information posted on the website of deodorant manufacturer Wild Cosmetics misled consumers. The ad can no longer appear in the original form.

'As a leader in cruelty free beauty, we're celebrating this milestone and reflecting on the passionate hard work from our campaign partner, Cruelty Free International, our retail teams and of course, our activist customers.'

Canada Set to Ban Animal Testing for Cosmetics, Body Shop Responds

The Canadian government's proposed amendments in Budget 2023 will prohibit the sale of cosmetics that rely on new animal testing data or display misleading product labeling pertaining to animal testing.

Product safety is paramount for fast-moving consumer goods such as cosmetics and personal care products. Recent recalls and class action suits highlight this fact.

Benzene, Methanol and Lead Headline Recent Class Actions and FDA Alerts

Methanol in hand sanitizers and lead in a baby skin care are cited in the latest U.S. Food and Drug Administration recall notices, while benzene content in dry shampoo and spray sunscreens persists among class action suits. Following is a roundup.

As of March 20, 2023, the U.S. Department of Agriculture's (USDA's) Strengthening Organic Enforcement (SOE) final rule goes into effect, tightening the oversight and enforcement of the production, handling and sale of organic products.

Tighter Rules Now in Effect for USDA Organic Seal of Approval

The goal is to protect integrity in the organic supply chain and build trust in the USDA organic label by strengthening organic control systems, improving farm to market traceability and providing robust enforcement of USDA Organic regulations.

While some (if not many) of these allegations may be unfounded or misguided, it underscores the critical role of safety and toxicity testing even under non-typical product use conditions.

Unilever, J&J, Olaplex and L'Oreal Still Treading Legal Waters Over Lilial, Benzene

Olaplex, Redken, OGX, Dove, Nexxus, Suave, Tigi and Tresemmé brands are still making headlines as they tread legal waters over alleged Lilial and benzene content. Following are recent updates.

The company maintains it received an exemption from the animal testing requirement. The plaintiffs claim no records of such have been located.

John Paul Mitchell Hit with Suit Alleging False 'No Animal Testing' Claim

John Paul Mitchell Systems is facing a class action suit alleging its "no animal testing" promise was broken to meet regulatory requirements in China to gain access to the market.

These examples clearly call into question what it means to consumers when they see the 'reef friendly' claim on a label.

'Reef Friendly' Claims Put Hain Celestial, Hawaiian Tropic in the Hot Seat

While Edgewell's Hawaiian Tropic sunscreen was dismissed from the alleged deceptive claim of "reef friendly," Hain Celestial's Alba Botanica is still in the hot seat. How are reef safe claims being interpreted?

Germany, Denmark, the Netherlands, Norway and Sweden have submitted a proposal to restrict per- and polyfluoroalkyl substances (PFAS) under REACH. The ECHA will publish the detailed proposal, reportedly one of the broadest in the EU’s history, on Feb. 7, 2023.

ECHA Adds to Hazardous Chemicals List, Reviews PFAS and Classification Proposals

The ECHA has added one cosmetic-related ingredient to the "hazardous" list, and received a five-nation proposal to restrict PFAS and three intentions/proposals to harmonize classification of cosmetic-related substances. See which ones are named.

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