Conkle Firm Attorneys Attend Cosmoprof Bologna to Assist Clients

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Conkle, Kremer & Engel attorneys John Conkle and Kelly Peterson have returned to Cosmoprof Worldwide Bologna to continue the firm’s longstanding practice assisting the growth and protection of personal care products businesses in U.S. and international markets.  Last year, Cosmoprof Bologna had nearly 3,000 exhibitors and 250,000 visitors in exhibition space totaling more than 160,000 square meters.  For over 50 years, Cosmoprof has been the benchmark event for companies and professionals in all sectors of the cosmetics industry, from supply chain to branding, marketing, distribution and sale of finished products.

Cosmoprof’s B2B format is well suited to connect businesses all over the world, and CK&E attorneys are experienced with what businesses in this sector need to succeed. CK&E lawyers have more than 40 years of experience with the legal issues affecting all stages of growth of personal care products businesses, from startup through acquisition. Issues such as domestic and international brand protection, regulatory compliance, contractual relations with distributors and vendors, customer relations, employment matters, partnership issues, sales representative issues, and insurance can be vexing to a growing business without the guidance of lawyers who have “been there and seen that” for decades.

On the first day of Cosmoprof Bologna, John and Kelly have already begun engaging with clients and prospective clients to help them navigate toward international growth. If you are a vendor there and have not talked with them yet, you can use the email addresses on their attorney pages to reach out to them for a consultation.

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California Invasion of Privacy Act Lawsuits Challenge Website Live Chats

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Does your business use live chats to offer customer service support to your customers?  Throughout the past year, hundreds of nearly identical suits have been filed alleging that the live chat features on businesses’ websites may violate the California Invasion of Privacy Act (CIPA).  Most of the lawsuits have been filed by attorneys at the Newport Beach, California, firm called Pacific Trial Attorneys, but other firms have brought very similar lawsuits.

CIPA is a set of California penal statutes that are directed against unconsented wiretapping or recording of telephone communications. The CIPA complaints allege that some software vendors that facilitate customer service live chats are acting as third-party eavesdroppers or wiretappers who share sensitive customer information with entities such as Meta for purposes of targeted advertising. In order to fit their allegations of internet-based communications into the CIPA wiretapping and eavesdropping prohibitions protecting telephone communications, the lawsuits often allege that the plaintiffs accessed the defendant’s live chat through their smart phone’s web browser.

The Conkle firm attorneys believe the plaintiff law firms’ approach is a flawed legal theory that is an unwarranted attempt to extend the scope of the CIPA statute.  At present, no reported decisions have determined the merits of these types of claims, and it appears that most of the lawsuits are intended primarily to draw settlements from defendants wishing to avoid the expense and risk of defending themselves.

If your business has a web presence that involves a “chat” function, it may be prudent to take proactive measures to reduce the risk of having to defend a CIPA lawsuit.  Such measures include plain disclosures to live chat users about the involvement of a third-party software vendor, a method of documenting consent of the live chat user, and links to an appropriately-phrased privacy policy. Such prophylactic measures will not only help deter plaintiffs’ lawyers from targeting your business for CIPA violations but can also contribute to a transparent and trustworthy customer experience.

It is also important that you respond quickly and appropriately if you receive a warning letter or demand from a law firm claiming that your business is violating CIPA. A swift and appropriate response is an important part of your defense to such claims and may ward off a lawsuit that is otherwise almost sure to follow. Should you receive a demand letter alleging a CIPA violation based on the above-conduct, it is best to promptly contact experienced counsel for guidance and assistance. Conkle, Kremer & Engel attorneys are very familiar with this area of the law and can guide your business to improve website chat features to forestall such claims, respond to demand letters or, if necessary, defend CIPA litigation.

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The Conkle Firm Returns to Cosmoprof Bologna

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Conkle Kremer & Engel returned to attend Cosmoprof Worldwide Bologna for 2023.  Beauty’s biggest trade show was back in full swing and CK&E attorneys Mark Kremer and Amanda Washton attended to help clients, meet new clients, and see all of the latest innovations.

Amanda Washton at Cosmoprof Bologna 2023

It was easy to see why Cosmoprof Worldwide Bologna is considered to be the leading worldwide event for the professional beauty sector. In 2023, over 2,984 exhibiting companies from more than 64 countries participated.  More than 250,000 visitors from 153 countries chose to attend Cosmoprof Worldwide Bologna as an essential time for their business.  CK&E attorneys were based at the California Trade Alliance’s California Pavilion, at which CK&E sponsored a meeting room for advice to be given and deals to be made.  CK&E also provided food and wine to refresh the happy exhibitors.  The personal care products industry in California is so large and established that California is still the only state in the U.S. to sponsor its own pavilion, nestled among the many country pavilions (including the U.S. Pavilion).

When not helping clients in their booths or at the meeting room, CK&E attorneys enjoyed visiting the specialty Cosmoprof sections in the COSMO Perfumery & Cosmetics and the COSMO Hair, Nail, and Beauty Salon sections of the show.  They met manufacturers and distributors (large and small), beauty consultants and professionals throughout the world, to add to the firm’s growing network of beauty industry contacts.

Makeup and skincare products that focused on sustainability and inclusivity were highlighted at the show.  Owing to consumers’ increasing environmental consciousness, use of biodegradable packaging represented a clear trend.  Inclusivity was everywhere with a clear influx of gender-neutral lines as well as representation of products specifically designed for all races, ethnicities and ages.  In fact, the Cosmo Trends portion of the show presented products specifically focused on “menopause wellness.”  It is clear that the cosmetics and beauty industry is leading the way in approaching and “celebrating otherness,” which was the theme of the CosmoTrends exhibit at the show.Moroccanoil Show at Cosmoprof Bologna 2023

CK&E attorneys look forward to attending Cosmoprof and other industry events in the future, to continue to help our clients, meet future clients, and stay up to date on personal care and beauty trends and evolving business needs.  Our attorneys continue to pride themselves on keeping abreast of industry developments to help our clients, from startups to mature businesses, to grow and protect their brands and businesses in domestic and international markets.

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If Your Cosmetics Use Fragrance or Flavor, this New California Legislation May Affect You

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California cemented its status as the nation’s leader of cosmetics legislation when it passed the Cosmetic, Fragrance and Flavor Ingredient Right to Know Act of 2020 (“CFFIRKA”). Effective January 1, 2022, California’s newest cosmetic reporting law requires cosmetic companies to publicly disclose all fragrance and flavor ingredients in their products that are found on one of 22 “designated lists”. CFFIRKA supplements the state’s Safe Cosmetics Act (SCA), which for more than a decade has required companies to report to the California Department of Public Health (CDPH) Safe Cosmetics Program whether any of their cosmetic products contain chemicals known or suspected to cause cancer or reproductive toxicity. Now, the reporting requirements extend to fragrances and flavor ingredients that may pose health hazards.

Many cosmetic products contain fragrances or ingredients that give products flavor. In enacting CFFIRKA – a first-of-its-kind consumer “right-to-know law”, the state was concerned that some fragrance and flavor ingredients may have negative health effects, especially to those who are frequently exposed, such as salon workers. Thus, the new law is intended to provide the public with knowledge about the use of such fragrances and flavor ingredients in both retail and professional-use cosmetics, so consumers and workers can determine whether and how to mitigate their exposure.

Each entity whose name appears on the label of a cosmetic product must comply with CFFIRKA, which means companies such as distributors and importers may also have reporting obligations. CFFIRKA requires disclosure if a cosmetic product sold in California contains fragrance and/or flavor ingredients included on one or more of the 22 designated lists identified in California Health and Safety Code Section 111792.6. Among others, the lists include those chemicals on California’s Proposition 65 list as well as chemicals classified by other federal and state agencies and international bodies. The ingredients on the 22 designated lists are subject to change as each list is revised, requiring companies to pay special attention to such changes. All cosmetic products with reportable ingredients sold in California after January 1, 2022, regardless of date of manufacture, must be reported under this mandate. However, there is no requirement under CFFIRKA to make changes to product labels.

Additionally, cosmetic companies must disclose specific “fragrance allergens” if the allergens are present at or above 0.01 percent (100 parts per million) in rinse-off cosmetic products, or at or above 0.001 percent (10 parts per million) in leave-on cosmetics products. The subset of CFFIRKA reportable ingredients called “fragrance allergens” have distinct reporting requirements, and must be reported regardless of their intended purpose in the product (i.e. they must be reported even if they are not used to impart scent or counteract odor). In addition to disclosing the reportable fragrance, flavor, or allergen ingredients, businesses must also disclose each ingredient’s Chemical Abstracts Services (CAS) number, the Universal Product Code (UPC) of the cosmetic product that includes the ingredient, and whether the cosmetic product is intended for professional or retail cosmetic use.

Information reported by companies under CFFIRKA (as well as under the SCA) is made publicly available through the CDPH’s Safe Cosmetics Database, which is available at https://cscpsearch.cdph.ca.gov/search/publicsearch. To date, more than 90,000 cosmetic products have been reported to the CDPH.

Conkle Kremer & Engel attorneys stay current on regulatory and legal developments that affect the cosmetics business.

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Conkle Firm Attorneys Attend Cosmoprof North America 2021 – Yes, In Person

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The 2020 Cosmoprof North America show was cancelled due to the COVID-19 pandemic but (after some delay) the show went on for 2021. Conkle, Kremer & Engel attorneys Amanda Washton and Sherron Wiggins attended this year’s Cosmoprof North America show on August 29, 2021 in Las Vegas, Nevada.  Attendance was lower than usual, of course, particularly in light of recent concerns about the Delta variant.  But the safety of all participants was paramount to the organizers and it showed.  The Cosmoprof attendees spread out and managed to fill the hall with enthusiasm while maintaining proper social distancing and appropriate masking.

Our attorneys visited the six specialty Cosmoprof sections, such as “Discover Green” featuring green, eco-friendly, clean, and organic products such as Orgaid facial sheet masks. Another notable section was “Tones of Beauty,” dedicated to beauty products for multicultural consumers such as Ceylon Skincare products by Anim Labs formulated to address skin issues that men, especially men of color, experience.

Sherron Wiggins and Amanda Washton at Cosmoprof NA 2021Our attorneys also spent time in the “Cosmo Trends” section of the show, where they reviewed product classes that have surged in popularity during the global COVID-19 pandemic. For example, skin barrier products designed to balance the skin’s microbiome and to kill pathogens gained considerable popularity in the market during the pandemic, likely due to increased consumer awareness and sensitivity to bacteria, micro-organisms, and viruses. As well, most of us have done more than a few Zoom meetings during the pandemic, and have had a chance to examine our appearance on video screens, perhaps more than we would have wished.  This fact was not missed by entrepreneurs who developed and promoted a variety of non-surgical treatments and devices for skin conditioning and application of beauty products. Examples included skin and under-eye serums, and skincare tools that apply LED, EMS, ultrasound, radio frequency, ion fusion, and sonic pulsation.

Makeup and skincare products that focused on overall skin health and a glowing appearance also gained popularity as consumers gradually ventured out to attend small gatherings of family and friends.  Many of these kinds of products were featured in the “Discovery Beauty” section of the show, presenting an array of “conscious beauty products,” such as Urban Secrets.  CBD-inclusive cosmetic products continued to increase in strength, this year warranting an entire dedicated section at Cosmoprof.  Finally, owing to consumers’ increasing environmental consciousness, use of biodegradable packaging represented a clear trend.

Whether virtually or in person, CK&E looks forward to attending Cosmoprof and other industry events in the future, to help us continue to help our clients, meet future clients, and stay up to date on personal care and beauty trends and evolving business needs.  Our attorneys pride themselves on keeping abreast of industry developments to help our clients, from entrepreneurs to mature businesses, grow and protect their brands and businesses.

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Annual PCPC Virtual Summit Features Conkle Firm Attorneys

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Attorneys John Conkle, Zachary Page and Kim Sim helped lead off the first day of the Personal Care Product Council (PCPC)’s Virtual Summit on May 11, 2021 with a dynamic and timely presentation on the changing federal and state regulatory landscape for cosmetic and personal care products.  Consistent with the theme of the Virtual Summit – “Embracing the Future of Beauty” – they covered litigation trends in California and across the country in connection with product advertising and marketing claims, from the use of natural and clean/green claims such as “botanical” and “plant-based” to the use of “oil-free” and claims related to the “nourishment” and “revival” of hair.  They also spoke about other areas of the law uniquely affecting businesses as they navigated doing business during a global pandemic and preparing for a post-pandemic future, from privacy concerns to website accessibility, and issues related to product subscriptions and cause marketing.  These are areas that have taken on vital importance as businesses transition to e-commerce and consumers  increasingly focus their shopping online.

Conkle, Kremer & Engel’s presentation was featured in HBW Insight Informa Pharma Intelligence on May 13, 2021.  CK&E has been a frequent participant in other PCPC industry summits, but this year the three-day Virtual Summit was a seamless combination of the PCPC’s Annual Meeting and Legal & Regulatory Conference and marked the first time both events were combined into one and held entirely online.

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The Conkle Firm Presents at Personal Care Product Council’s Emerging Issues Conference in Marina del Rey

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Zachary Page and Eric Engel being introduced for PCPC Emerging Issues Panel on Product Counterfeiting and Brand Protection

Conkle, Kremer & Engel attorneys Eric S. Engel and Zachary Page presented to beauty industry professionals on hot and developing legal issues in brand protection, grey market and product counterfeiting at the Personal Care Products Council’s November 20, 2019 Emerging Issues Conference. The Conference was held on the 10th Floor of the Marina del Rey Marriott, with a spectacular view over the nearby marina and beach.

Among the topics covered by Zach were issues of registering U.S. trademarks for CBD products, and other previously unregisterable brands. The 2019 U.S. Supreme Court decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com put new importance on registering important copyrights well in advance of their need for infringement claims, and Zach discussed the close relationship with the Digital Millennium Copyright Act’s “DMCA Clock” to takedown infringing online publications. Trends toward false advertising claims based on “natural” and “organic” labeling were also discussed, as were the dramatic increase in medical claim class action and other lawsuits. Zach also briefed the gathered industry experts on the various issues that affect uses of models and others without adequate documentation of consent, which can raise serious right of publicity as well as copyright concerns.

Eric addressed grey market and counterfeiting case development, including the importance of creating “materially different” packaging for U.S. and foreign products. Simple and low-cost ways to help DHS/CBP protect brands against importation of foreign-labeled versions of their own products, as well as counterfeits, was outlined. Also outlined were cost-effective techniques such as recording trademarks online with CBP’s IPR e-Recordation system, Lever Rule Protection, providing CBP with effective Product Identification Training Guides (PITG), conducting IPR Webinars for CBP distribution, and posting e-Allegations online. On combating counterfeiting, Eric addressed Amazon.com specifically because it now accounts for more than half of U.S. online consumer sales, and more than half of Amazon’s online sales are on behalf of third parties in its “marketplace.” Amazon acknowledges no responsibility for sales in its marketplace, beyond closing seller accounts and refunding its customers’ money when they can show that they were sold counterfeit and defective products. Eric discussed the developments in Amazon’s selling and fulfillment practices and in the law of counterfeiting and products liability that suggest that Amazon’s currently-strong denials of responsibility for third party’s products and sales practices may be less compelling in coming years.

CK&E attorneys regularly give presentations to personal care product industry professionals to help them understand and proactively address the latest legal concerns that affect and can inhibit growth of their businesses.

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The Conkle Firm is at Cosmoprof Asia, Hong Kong

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Conkle, Kremer & Engel attorneys John Conkle and Sherron Wiggins are busy at Cosmoprof Asia in Hong Kong. CK&E is again the proud sponsor of California Trade Alliance’s California Pavilion, providing the meeting lounge so California businesses can be in the room where it happens.

The first day for CK&E at Cosmoprof Asia was largely devoted to catching up with old friends of the firm and meeting new ones. Many of the attendees have been CK&E clients or employees of clients for years. One such person is Greg Starkman who, as an executive of Joico in the early 90’s, worked with CK&E on numerous matters. Greg and his wife Joanne now head up Innersense Organic Beauty, which manufactures and sells a line of natural and organic hair care products “dedicated to purity, peace of mind, and the practice of self-care.”

We also viewed outstanding and innovative products that are finalists for the annual Cosmoprof Asia Awards. Several caught our attention, including two products selected due to their packaging. One uses a container made of recycled coffee grounds and polylactic acid (aka polylactide or PLA), which is a thermoplastic aliphatic polyester derived from renewable resources that gives the package a small carbon footprint. The other notable package is manufactured from industrial waste. Other innovative products of interest include a hair dryer weighing only .6 lbs, and a patented plastic makeup container that features a magnetic closure.

So far, attendance at this year’s Cosmoprof Asia appears to be reduced from last year. Many of the attendees believe that the reduced attendance may be affected by the citizen protests that have taken place in Hong Kong over the past few months. Some attribute the attendance drop-off more specifically to the reluctance of Chinese citizens from the “Mainland” to come to Hong Kong during the protests. But there’s a bright side to the smaller crowds – CK&E attorneys have more time available to meet with clients and prospective clients, and to learn about the new products and trends in the beauty industry.

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FTC Warns Manufacturers About CBD Claims

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The Federal Trade Commission (FTC) announced today that it had sent warning letters to three companies over their advertising of products containing cannabidiol or CBD, one of the many active compounds of the cannabis plant. The letters reinforce the FTC’s position that advertisers may not make health-related representations for CBD products without satisfying FTC substantiation standards.

According to the FTC’s press release, the companies – which have not been identified publicly – advertised oils, tinctures, capsules, “gummies” and creams containing CBD as treating or curing serious diseases and health conditions. Disease claims require scientific proof, making it illegal for companies to advertise that a product can prevent, treat or cure human disease without competent and reliable scientific evidence to support such claims.

The FTC took issue with the following:
• A claim that CBD “works like magic” to relieve “even the most agonizing pain” better than prescription opioid painkillers
• A claim that the company has participated in “thousands of hours of research” with Harvard researchers, to bolster its claims that CBD has been “clinically proven” to treat cancer, Alzheimer’s disease, multiple sclerosis (MS), fibromyalgia, cigarette addiction, and colitis
• A claim that CBD products are proven to treat autism, anorexia, bipolar disorder, post-traumatic stress disorder, schizophrenia, anxiety, depression, Alzheimer’s disease, Lou Gehrig’s Disease (ALS), stroke, Parkinson’s disease, epilepsy, traumatic brain injuries, diabetes, Crohn’s disease, psoriasis, MS, fibromyalgia, cancer, and AIDS
• A claim that CBD is a “miracle pain remedy” for both acute and chronic pain, including pain from cancer treatment and arthritis
• A claim that CBD gummies are highly effective at treating “the root cause of most major degenerative diseases, including arthritis, heart disease, fibromyalgia, cancer, asthma, and a wide spectrum of autoimmune disorders”
• A claim that CBD cream relieves arthritis pain
• A claim that CBD oil may effectively treat depression, PTSD, epilepsy, heart disease, arthritis, fibromyalgia, and asthma

According to the FTC, the letters urge the recipient companies to review all claims made for their products, including consumer testimonials, to ensure they are supported by competent and reliable scientific evidence, and also include a warning that selling CBD products without such substantiation could violate the FTC Act and may result in legal action that could result in an injunction and an order to return money to consumers.

The recent warning letters follow similar joint warning letters issued by the FTC and the U.S. Food and Drug Administration (FDA) in March 2019 to three sellers of CBD supplements – Nutra Pure LLC, PotNetwork Holdings, Inc., and Advanced Spine and Pain LLC d/b/a Relievus. The letters alleged that the companies made false or unsubstantiated health claims in violation of the FTC Act as well as sold unapproved drugs in violation of the Federal Food, Drug & Cosmetic Act (FD&C Act).

As the market for CBD goods – including cosmetics and supplements – continues to explode, companies vying for market position must be aware of action taken by the FTC and FDA and stay away from making health or drug claims that could subject them to enforcement by these agencies. Conkle, Kremer & Engel attorneys stay current on the latest developments to help those how manufacture, distribute and sell products containing CBD avoid regulatory trouble.

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Will 2019 be the Year of Federal Cosmetics Regulation?

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2019 is starting to look like the year Congress may make good on its efforts to pass federal cosmetics reform legislation, with legislation in the works in both the U.S. Senate and the U.S. House of Representatives that would increase federal regulatory oversight for cosmetics. In addition, Senate and House committees have been active in demanding more information and action from the Food and Drug Administration (FDA) to ensure cosmetics safety.

Feinstein/Collins Personal Care Products Safety Act Bill

As they have in previous sessions of Congress, Sens. Dianne Feinstein (D-California) and Susan Collins (R-Maine) re-introduced the “Personal Care Products Safety Act” (S. 726) in March, a bill that would strengthen the FDA’s efforts to regulate ingredients in personal care products.

The Personal Care Products Safety Act bill would amend the Federal Food, Drug & Cosmetic Act (FDCA) by:

  • • Requiring annual registration of cosmetic facilities with the FDA and impose tiered registration fees;
  • • Requiring cosmetic ingredient statements for all cosmetics, including fragrances, flavors and colors, as well as a range of possible amounts of each ingredient;
  • • Providing the FDA the authority to suspend registration of a facility (and any import, export or distribution of cosmetics from the facility) or a cosmetic ingredient statement (and all cosmetics that are the subject of the statement) if there is a reasonable probability of serious adverse health consequences or death to humans;
  • • Directing the FDA to review ingredients and non-functional constituents, including coal tar chemicals) for safety at a rate of at least five ingredients per year;
  • • Directing the FDA to issue regulations to establish Good Manufacturing Practices for cosmetics;
  • • Requiring timely reporting of serious adverse events and annual reporting of adverse events;
  • • Allowing the FDA wide authority to inspect records;
  • • Providing mandatory recall authority to the FDA;
  • • Requiring labeling of cosmetics that are not appropriate for use in the entire population, including warnings that vulnerable populations, such as children or pregnant women, should limit or avoid using the product;
  • • Requiring ingredients, warnings and statements on professional products;
  • • Requiring complete label information to be placed online for online sales of cosmetics; and
  • • Requiring a telephone number or electronic contact information on the label.

In the first year, the FDA would evaluate the safety and appropriate use of the following five chemicals, which could be banned from cosmetics or limited in their allowed use:

• Diazolidinyl urea, which is used as a preservative in a wide range of products including deodorant, shampoo, conditioner, bubble bath and lotion.
• Diethyl phthalate, which is used as a binding agent in some fragrances and cosmetics.
• Methylene glycol/formaldehyde, which is used in hair treatments.
Propyl paraben, which is used as a preservative in a wide range of products including shampoo, conditioner and lotion.
• Quaternium-15, which is used as a preservative in a wide range of products including shampoo, shaving cream, skin creams and cleansers.

Pallone/Shimkus Discussion Draft

Meanwhile, House Energy & Commerce (E&C) Committee Chairman Frank Pallone Jr. (D-NJ) and Rep. John Shimkus (R-Ill.) in March released a bipartisan discussion draft of legislation that is very similar to the Personal Care Products Safety Act, which is expected to be introduced in the House soon.

Action by Congressional Committees

Congressional committees have also been flexing their investigative and oversight muscles by demanding additional information from and calling for more action by the FDA, separately from the status of any reform legislation.

After the FDA announced in March that its testing (almost two years after the fact) confirmed the presence of asbestos in cosmetics, including eye shadows, compact powders and contour palettes, sold in 2017 at children and teen stores Claire’s and Justice stores, Sen. Patty Murray (D-Wash.), ranking member of the Senate Health, Education, Labor and Pensions (HELP) Committee, called for further investigation by the FDA into whether cosmetic products that contain talc “may be contaminated with asbestos.”  Sen. Murray is also urging the FDA to conduct additional testing to ensure the safety of cosmetic products containing talc, and in particular cosmetics that are marketed to children and teenagers.  Separately, Sen. Murray demanded that Claire’s provide more information about the possible sources of asbestos contamination and the process and procedures Claire’s takes to assess the safety of its products before they reach customers.

There have been further regulatory and legislative developments on these subjects in June 2019. Additional cosmetics, including a JoJo Siwa makeup set sold by Claire’s, were found to be contaminated with asbestos and were recalled in June 2019. Rep. Pallone then sent a letter to the FDA requesting updated information about the agency’s inspections of imported cosmetic products. Specifically, Rep. Pallone sought FDA foreign inspections data from Fiscal Year (FY) 2017-2019, including the number and kinds of personal care products imported each year, the number of imported products subjected to inspections each year, and the number of contaminated products intercepted each year. According to Rep. Pallone, the FDA has not conducted any foreign cosmetic inspections in FY 2019 and intends to conduct no foreign cosmetic inspections in FY 2020.

This was not the first such request to the FDA, as Rep. Pallone previously sent a letter to the FDA requesting similar information in 2016. In response, the FDA stated that in FY 2016, less than one percent of cosmetic products that arrived in U.S. ports were physically examined by FDA inspectors; of those inspected, inspectors reported adverse findings such as illegal color additives and microbial contamination in 15 percent of the imports.

The push toward federal cosmetics reform has been many years in the making, and now gathers industry support from such heavyweights as The Estee Lauder Companies, Johnson & Johnson, L’Oreal and Procter & Gamble.  While the industry by and large appears to agree that updates are needed to the current regulatory system and would increase consumer confidence, there are concerns about the extent of the reform and the scope and breadth of the power to be vested in the FDA.  Key stakeholders are involved in the process and engaging with the House, Senate and FDA. 

While it remains to be seen whether 2019 will be the year of significant cosmetic legislation reform, one thing is certain – increased regulation for the personal care products industry is inevitable, and the question is just one of how much regulation and the extent to which the FDA will preempt state and local regulations.

Cosmetics manufacturers should take heed as they plan their product formulations, manufacturing and labeling of existing and planned product lines, whether made in the U.S. or abroad. Conkle, Kremer & Engel attorneys stand ready to help clients plan their responses to current and developing regulatory changes affecting the beauty industry.

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