CK&E Sponsors 2016 PCPC Emerging Issues Conference

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Conkle, Kremer & Engel is proud to once again sponsor the Personal Care Products Council Emerging Issues Conference on November 10, 2016 at the Ritz Carlton Hotel in Marina Del Rey, California.

John Conkle will attend the conference on behalf of CK&E to address current legal trends and developments in the cosmetic and personal care products industry.  This annual event by the PCPC – the leading national trade association for the cosmetic and personal care products industry – is a must-attend for beauty companies across the country, with its unique focus on the many challenges that are on the horizon for the beauty industry.  The presentation this year will include a particularly timely focus on international trade issues affecting the cosmetics industry, including appearances by industry representatives from Canada and Mexico.

This year’s conference is particularly topical panel discussion entitled “2016 Elections: What happened and what it means for you!”   The panel included Dan Schnur, a leading political strategist and Director of Jesse Unruh Institute of Politics at University of Southern California, which runs the USC-Los Angeles Times Daybreak Poll that was one of the few polls to correctly predict Donald Trump’s election.  In comments during their PCPC presentation, the panel noted that if President Trump follows through with pledges such as environmental regulation rollbacks, it is likely that California will respond by enacting its own additional rules and regulations.

2016-11-10-pcpc-mike-thompson-dan-schnur-darius-anderson-edited

Michael Thompson, Senior VP, PCPC Government Affairs; Dan Schnur Director, Jesse Unruh Institute of Politics, USC; Darius Anderson, CEO, Platinum Advisors

CK&E is pleased to once again participate in this annual event and to offer its experience and insight into legal issues affecting the industry to the PCPC and its members.

2016-emerging-issues-conference-cke-sponsor

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The Conkle Firm Advises BIMA Participants on IP and Regulatory Issues

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Once again, Conkle, Kremer & Engel attorneys Mark Kremer and Kim Sim have been honored to participate in and contribute to the revolutionary Beauty Industry Market Access (BIMA) program, led by beauty industry guru Patty Schmucker of American Made Beauty.  BIMA is a multi-day intensive domestic and international trade and business education program taught by leading health and beauty industry experts. BIMA participants focus on key principles essential to expand their personal care products businesses both in the U.S. and overseas.

Mark contributes to the BIMA educational program by teaching modules on domestic and foreign intellectual property protection and international distribution agreements.   Participants are particularly advised about cost-effective methods of protecting their intellectual property internationally, such as international trademark registrations through the Madrid System, which can offer a centralized application process for trademark registration in over 90 countries based on a brand owner’s domestic application or registration.  Kim adds her expertise in domestic regulatory compliance, including Prop 65, California Organic Products Act (COPA), Safe Cosmetics Act, California Air Resources Board (CARB) regulations and survey requirements, and federal and state Made in the USA regulations.

BIMA is sponsored by Universal Companies, which has been in the beauty industry for over 18 years and is an important distributor of more than 300 brands in the spa, salon, esthetics and massage market, as well as their own proprietary brands.

In partnership with the California Trade Alliance (CTA), access to international trade shows are available to companies that participate in the BIMA programs. BIMA participants can exhibit in the popular California Pavilion regularly sponsored by CTA at Cosmoprof Bologna and Cosmoprof Hong Kong, among the world’s largest and most important beauty industry trade shows.

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The Conkle Firm Joins PCPC California Lobby Day 2016

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Conkle, Kremer & Engel attorney John Conkle is proud to have again been invited to join the Personal Care Products Council’s delegation for California Lobby Day, an annual PCPC event held at the Capitol in Sacramento, California.  The Personal Care Products Council (PCPC) represents the personal care products, beauty and cosmetics industry at the federal, state and local level on issues of interest to the industry.

California Lobby Day represents a unique opportunity for industry leaders to meet with legislators including Leadership, key Committee Chairs and members of the Legislative Women’s Caucus, state officials, and their staff members and to engage in open discussions about legislative and regulatory issues affecting the personal care products industry.  The day is expected to include briefings in the Governor’s Office by the executive department personnel and meetings with staff in the offices of members of the State Legislature, as well as a reception for members of the California Legislature, personnel from the Office of Governor Brown, and PCPC members and staff.  Among those with whom John is expecting to meet are Nancy McFadden (Executive Secretary to Governor Brown); Carol Monahan-Cummings (Office of Environmental Health Hazard Assessment); Meredith Williams (Deputy Director of Safer Consumer Products and Workplaces Program, Department of Toxic Substances Control); and Panorea Advis (Director of the Governor’s Office of Business and Economic Development).

Conkle, Kremer & Engel is proud to be an active member of the Personal Care Products Council.  Over the years, CK&E has provided legal expertise to the PCPC and its member companies by presenting at conferences organized by the PCPC on legal and regulatory matters, as well as representing many PCPC member companies.  CK&E has also been a frequent sponsor of conferences organized by the PCPC and has participated in numerous events hosted by the PCPC.

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The Conkle Firm Participates in ICMAD Regulatory Forum

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Conkle, Kremer & Engel attorney Eric S. Engel attended the ICMAD Regulatory Forum in Newport Beach, California on February 17, 2016.  The Forum has been an annual event for more than a decade, and offers CK&E an opportunity to meet with professionals in the personal care products industry to discuss important legislative and regulatory issues affecting the industry.  Among the topics of concern to the beauty industry, on which CK&E stays current through participation in the Forum and otherwise, include labeling and advertising claims, EU labeling and regulatory compliance, and California regulatory compliance, including Prop 65 issues, California Safe Cosmetics Act and California Air Resources Board (CARB), California Safer Consumer Products regulations, and the potential for class action liability.  One topic that generated particular industry interest was the pending “Personal Care Products Safety Act” introduced by Senators Feinstein and Collins.

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CK&E to Present on Emerging Legal Issues at PCPC Emerging Issues Conference

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Conkle, Kremer & Engel attorneys John Conkle and Kim Sim will once address current legal trends and developments in the cosmetic and personal care products industry at the Personal Care Products Council (PCPC)’s Emerging Issues Conference on November 18, 2015 at the Ritz Carlton Hotel in Marina Del Rey, California.

John and Kim will present on “Emerging Legal Issues in the Cosmetic and Personal Care Products Industry.”  The topics to be discussed include recent developments involving enforcement of prohibitions on container slack fill, trends in lawsuits and agency action concerning advertising, an update on the California Air Resources Board’s ongoing Consumer and Commercial Products Survey, as well as a discussion about protecting companies from counterfeiting and cybersquatting in the digital age.

CK&E’s presentation from last year’s Emerging Issues Conference can be found here.

The annual event by the PCPC – the leading national trade association for the cosmetic and personal care products industry – is a must-attend for beauty companies across the country, with its unique focus on the many challenges that are on the horizon for the beauty industry.

This year’s agenda will also include updates from the PCPC on key issues for the industry and from the California Department of Toxic Substances Control on the California Safer Consumer Products and Workplaces regulations, as well as presentations on emerging issues in the Americas, safety standards for cosmetics, current and future challenges for Proposition 65.  In addition, Deputy Attorney General Robert Sumner is slated to speak at the conference.

CK&E is pleased to once again participate in this annual event and to offer its experience and insight into legal issues affecting the industry to the PCPC and its members.

 

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The Conkle Firm is Featured in April 2014 Beauty Industry Report

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Conkle, Kremer & Engel is proud to again be the subject of a feature interview in the industry-leading publication, Beauty Industry Report (BIR).  BIR is a monthly 24-page executive newsletter for professionals that focuses on the emerging trends affecting the beauty industry.  CK&E’s feature interview assessed the latest legal trends, based on CK&E’s decades of experience in the industry.  Topics covered included trademark and brand protection, both international and domestic, regulatory compliance issues such as California’s Proposition 65 and the Safe Cosmetics Act, issues in manufacturer-distributor relationships, and more.

The attached article includes links to topical blog posts and websites referenced in the interview.  CK&E wishes to thank BIR’s Mike Nave for taking the initiative to disseminate information about these important industry issues.  BIR proved again that working in the beauty industry without reading BIR is like working in finance without reading The Wall Street Journal.

BIR Feature Interview of CK&E

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The Conkle Firm Teaches International Entrepreneurs in BIMA Program

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Conkle, Kremer & Engel attorney Mark Kremer has been honored to participate in and contribute to the revolutionary Beauty Industry Market Access (BIMA) program through the Center for International Trade Development (CITD).  The BIMA program was developed and is led by beauty industry guru Patty Schmucker and international trade expert Cesar Arellanes, the Director of CITD in Long Beach.   BIMA is a five week intensive international trade and business education program taught by leading health and beauty industry experts. BIMA participants focus on key program principles distinct to conducting business overseas, receive bi-monthly objectives for assessing their business, and ultimately produce an export growth plan exclusive to their business. Participants also have access to upcoming trade missions to the world’s largest emerging market beauty trade shows – effective venues for executing learned principles and business plans.

Mark contributes to the BIMA educational program by teaching modules on domestic and foreign intellectual property protection, domestic regulatory compliance, and international distribution agreements.   Participants are particularly interested in cost-effective methods of protecting their intellectual property internationally, such as international trademark registrations through the Madrid System.  The Madrid System offers a centralized application process for trademark registration in over 90 countries based on a brand owner’s domestic application or registration.  Participants are also interested in CK&E’s practical approach to domestic regulatory compliance, including California’s evolving green chemistry initiative, Safe Cosmetics Act and Proposition 65.  Participants have also benefited from CK&E’s tips for forging fruitful business relationships with distributors, based on decades of experience representing clients in the personal care products industry.

CK&E will join Patty Schmucker and several graduates of the BIMA educational program to Cosmoprof Worldwide in Bologna in April 2014.  Mark looks forward to the next BIMA session, which begins on June 26, 2014.  Click for further information about joining the BIMA program: BIMA_Summer-Fall_2014

 

 

 

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DTSC Announces Proposed Priority Products Subject to California Green Chemistry Initiative

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The California Department of Toxic Substances Control (DTSC) has identified the first three groups of products that may become “Priority Products” subject to reporting and alternatives assessments requirements under California’s strict new Safer Consumer Products (SCP) Regulations.

The three groups of products on this initial list of proposed “Priority Products” are:

  • Children’s foam padded sleeping products containing the flame retardant Tris(1,3-dichloro-2-propyl) phosphate (TDCPP or Tris)
  • Spray polyurethane foam (SPF) systems containing unreacted diisocyanates
  • Paint and varnish strippers and surface cleaners containing methylene chloride

Rulemaking on the proposed “Priority Products” list is expected to begin in late June 2014, with the final “Priority Products” list to be finalized by the following year by adoption of regulations.

If the product-chemical combinations announced by DTSC end up on the list of final “Priority Products,” manufacturers and other responsible entities (including importers, assemblers and even retailers) of these products will be required to notify DTSC and either remove the product from sale, reformulate to remove or replace the chemical of concern in the product, or perform a complex “Alternatives Analysis” to retain the chemical in the product.

As widely expected, the initial “Priority Products” list targets children’s foam padded sleeping products containing the flame retardant Tris(1,3-dichloro-2-propyl) phosphate (TDCPP or Tris), such as nap mats and pads in soft-sided portable cribs, infant travel beds, portable infant sleepers, playards, play pens, bassinets and nap cots.

In addition, the initial “Priority Products” list targets all paint and varnish removers, paint and varnish strippers and surface cleaners that contain methylene chloride.  Spray polyurethane foam systems containing diisocyanates, both professional and consumer grade, are also proposed to be subject to regulation.  Such products are used for insulation, roofing, sealing and filling of voids and gaps.

TDCPP, methylene chloride, and toluene diisocynate are known carcinogens and exposures to the chemical to Californians above the no significant risk level require a warning under Proposition 65.  TDCPP was recently listed in October 2011 as a chemical regulated by Proposition 65.

The announcement of these three product groups as proposed “Priority Products” does not trigger any duty on product manufacturers until the DTSC finalizes the list of priority products by adopting regulations.  However, manufacturers of children’s foam padded sleeping products containing TDCPP, spray polyurethane foam systems containing diisocyanates, and paint and varnish strippers and surface cleaners containing methylene chloride are well advised to be proactive and take steps to determine whether the chemical can be removed from their products or replaced with a safer alternative chemical.

Conkle, Kremer & Engel regularly assists businesses to develop plans to ensure compliance with California’s ever-changing regulations, including the Safer Consumer Products Regulations and Green Chemistry Initiative.

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The Conkle Firm Presents Hot California Regulatory Compliance Issues in New York

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Conkle, Kremer & Engel attorney John A. Conkle was the featured speaker at a special presentation given on February 11, 2014 in New York, New York to business executives and lawyers.

The presentation, entitled “Are Your Products California-Bound?  Dealing With California’s Unique Regulatory Schemes,” provided valuable information about and insight into such California regulatory laws and initiatives as:

  • Proposition 65 (California’s Safe Drinking Water and Toxic Enforcement Act of 1986)
  • California Safe Cosmetics Act
  • California Green Chemistry Initiative (the Safer Consumer Products Regulations)
  • California Volatile Organic Compounds (VOC) Regulations
  • California Organic Products Act (COPA)
  • California Consumer Legal Remedies Act (CLRA)

California’s vast and ever-changing regulations pose a challenge for businesses no matter where they may be located.  Any business manufacturing, distributing or selling products into California needs to comply with California’s regulatory schemes to stay out of difficulty with the California Attorney General, regulatory agencies, non-governmental organizations (NGOs), bounty hunters, putative class action plaintiffs and even competitors.

CK&E was honored to team with the New York-based law firm Gottlieb, Rackman & Reisman, P.C., which specializes in intellectual property, to provide this presentation. CK&E has worked with the Gottlieb firm for nearly 25 years on matters of common intrest to our clients. CK&E’s active regulatory compliance practice has helped clients in numerous industries – including  such diverse areas as personal care products, alcoholic beverages, construction and recreational equipment.

 

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Parabens Dropped as a Priority Chemical Under New Green Chemistry Regulations – DTSC Updates List of Initial Candidate Chemicals

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On October 18, 2013, the California Department of Toxic Substances Control (DTSC) released an updated “Initial Candidate Chemicals List” – a list of chemicals that will be the first to receive the DTSC’s attention when it identifies “Priority Products” for regulation in 2014 under the new Safer Consumer Products Regulations.

The DTSC first released the list of “Initial Candidate Chemicals” on September 26, 2013, four days before the Safer Consumer Products Regulations implementing California’s Green Chemistry Initiative went into effect.  The Regulations require the list to be updated periodically.  With the update, the number of “Initial Candidate Chemicals” drops from 164 to 155.

The following chemicals were removed from the updated “Initial Candidate Chemicals List,” although each still appears on the “Candidate Chemical List”:

  • 4-Tert-Octylphenol; 1,1,3,3-Tetramethyl-4-butylphenol
  • Bisphenol A diglycidyl ether polymer; [2,2′-bis(2-(2,3-epoxypropoxy)phenyl)-propane]
  • Bisphenol B; (2,2-Bis(4-hydroxyphenyl)-n-butan)
  • Bromate
  • Dibromoacetic acid
  • Dichloroacetic acid
  • Dicyclohexyl phthalate and metabolite
  • Diethyl phthalate and metabolite
  • Nonylphenol, nonylphenol ethoxylates (NP/NPEs) (and related substances)
  • Parabens

In addition, Bis(2-chloro-1-methylethyl)ether,technical grade was added to the Initial Candidate List.

Scroll to the bottom of this post for the full list of the 155 priority chemicals, updated as of October 18, 2013.

Chemicals are placed on the “Initial Candidate Chemicals List” if they have both a hazard trait and environmental or toxicological effects.  Chemicals that have only a hazard trait or only environmental or toxicological effects are placed on the more extensive “Candidate Chemicals List,” of which the “Initial Candidate Chemicals List” is a subset.

The updated list of “Initial Candidate Chemicals” is significant in that it removes parabens as a priority chemical.  Parabens are commonly used in cosmetics as a preservative.  The family of parabens on the “Candidate Chemicals List” includes Butylparaben (includes n-butylparaben and isobutylparaben); Ethyl paraben, Ethyl 4-hydroxybenzoate; Methylparaben; Methyl p-Hydroxybenzoate; and n-Propylparaben.

What this means is that parabens will not be targeted by DTSC as a potential “chemical of concern” when the DTSC identifies priority products containing chemicals that will need to be subject to an alternatives analysis and regulatory response.  The DTSC must propose its list of up to five priority products, or categories of priority products, for regulation by April 1, 2014.  However, parabens continue to appear on the DTSC’s exhaustive list of more than 1,016 “Candidate Chemicals” so they may yet draw attention from the DTSC.

Conkle, Kremer & Engel attorneys stay up to date on the latest regulatory developments to provide expert guidance to clients seeking to avoid regulatory compliance issues and the potential liability that may follow.

DTSC list of 155 Priority Chemicals, updated as of October 18, 2013:

1,1,1,2-Tetrachloroethane

1,1,1-Trichloroethane; Methyl chloroform

1,1,2,2-Tetrachloroethane

1,1,2-Trichloroethane

1,1-Dichloroethane

1,2,3-Trichloropropane

1,2-Diphenylhydrazine; Hydrazobenzene

1,2-Epoxybutane

1,3-Butadiene

1,3-Propane sultone; 1,2-Oxathiolane 2,2-dioxide

1,4-Dioxane

2,2-Bis(bromomethyl)propane-1,3-diol

2,4,6-Trinitro-1,3-dimethyl-5-tert-butylbenzene; musk xylene

2,4,6-Tri-tert-butylphenol

2,4.6-Trinitrotoluene (TNT)

2?Acetylaminofluorene

2-Methylaziridine (Propyleneimine)

2-Methylphenol, o-Cresol

2-Nitropropane

3-Methylphenol; m-Cresol

4,4′-Methylenedianiline; 4,4’-Diaminodiphenylmethane (MDA)

4-Bromophenyl phenyl ether, Bromophenyl Phenyl Ether

4-Nitrobiphenyl

Acetaldehyde

Acetamide

Acrylamide

Acrylonitrile

Allyl chloride

Aluminum

Aniline

Aromatic amines

Aromatic Azo Compounds

Arsenic and inorganic arsenic compounds

Asbestos (all forms, including actinolite, amosite, anthophyllite, chrysotile, crocidolite, tremolite)

Benzene

Benzene, Halogenated derivatives

Benzotrichloride

Benzyl chloride

Beryllium and Beryllium compounds

Biphenyl-3,3′,4,4′-tetrayltetraamine; Diaminobenzidine

Bis(2-chloro-1-methylethyl)ether,technical grade

Bisphenol A

Butylbenzyl phthalate and metabolite

Cadmium and cadmium compounds

Captan

Carbon monoxide

Carbon tetrachloride; CCl4

Catechol

Chlorendic acid

Chlorinated Paraffins

Chlorine dioxide

Chlorite

Chloroalkyl ethers

Chloroethane; ethyl chloride

Chloroprene; 2-chlorobuta-1,3-diene

Chromium hexavalent compounds (Cr (VI)

Chromium trioxide

Cobalt metal without tungsten carbide (including dust and cobalt compounds)

Cresols, Cresol mixtures

Cumene, [ isopropylbenzene]

Cyanide and Cyanide compounds

Cyclotetrasiloxane; Octamethylcyclotetrasiloxane (D4)

Diazomethane

Dibutyl phthalate and metabolites

Dichloroethylenes

Dichloromethane; methylene chloride

Diesel engine exhaust

Diethanolamine

Diethyl hexyl phthalate and metabolites

Diisobutyl phthalate and metabolite

Di-isodecyl phthalate and metabolite

Di-isononyl phthalate and metabolites

Dimethyl sulfate

Dimethylcarbamoyl chloride

Dinitrotoluenes

Di-n-Octyl Phthalate and metabolites

Dodecamethylcyclohexasiloxane (D6)

Emissions, Cokeoven

Epichlorohydrin; 1-Chloro-2,3-epoxypropane

Ethyl acrylate

Ethylbenzene

Ethylene dichloride; 1,2-Dichloroethane

Ethylene Glycol

Ethylene oxide; oxirane

Ethylene Thiourea

Ethyleneimine, Aziridine

Ethyl-tert-butyl ether

Formaldehyde

Fuel oils, high-sulfur; Heavy Fuel oil; (and other residual oils)

Gasoline (automotive, refined, processed, recovered, and other unspecified fractions)

Glutaraldehyde

Glycol ethers

Glycol ethers acetate

Hexabromocyclododecane (HBCD), and mixed isomers

Hexachlorobuta1,3-diene

Hexachloroethane

Hexamethylene-1,6-diisocyanate

Hexamethylphosphoramide

HMX

Hydrazine, Hydrazine compounds and salts

Hydrogen sulfide

Jet Fuels, JP-4, JP-5, JP-7 and JP-8

Lead and Lead Compounds

Maleic anhydride

Manganese and manganese compounds

Mercury and mercury compounds

Methanol

Methyl chloride

Methyl isobutyl ketone, Isopropyl acetone; (MIBK)

Methyl isocyanate

Methylene diphenyl diisocyanates

Methylhydrazine and its salts

Methylnaphthalene; 2-Methylnaphthalene

Mineral Oils: Untreated and Mildly Treated

N,N-dimethylformamide; dimethyl formamide

N,N-Dimethylhydrazine

Naphthalene

n-Hexane

Nickel and Nickel Compounds; Nickel refinery dust from the pyrometallurgical process

Nickel oxides

Nickel, metallic and alloys

Nitrate+Nitrite

Nitrobenzene

Nitrosamines

Pentabromophenol

Perfluorochemicals

Petroleum; Crude oil

Phthalic anhydride

Polybrominated diphenyl ethers (PBDEs) congeners

Polychlorinated biphenyl (PCB) congeners

Polychlorinated dibenzo-p-dioxins (PCDDs)

Polychlorinated dibenzo-p-furans (PCDFs) and Furan Compounds

Polycyclic Aromatic Hydrocarbons (PAHs)

Propylene oxide

Quinoline and its strong acid salts

Silica, Crystalline (Respirable Size)

Stoddard solvent; Low boiling point naphtha – unspecified;

Strong Inorganic Acid Mists Containing Sulfuric Acid

Styrene and derrivatives

Sulfur dioxide

Tetrabromobisphenol A (TBBPA)

Tetrachloroethylene; Perchloroethylene; (PERC)

Thallium

Toluene

Toluene Diisocyanates

Trichloroethene (TCE)

Trihalomethanes

Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)

Tris(2,3-dibromopropyl) phosphate

Tris(2-chloroethyl)phosphate (TCEP)

Vanadium pentoxide

Vinyl acetate

Vinyl Bromide, Bromoethylene

Vinyl chloride; chloroethylene

Xylenes; [o-xylene (95-47-6), m-xylene(108-38-3)and p-xylene (106-42-3)]

 

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