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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Conkle Firm Attorneys Help Clients at Cosmoprof Asia 2023

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After a three-year hiatus, Cosmoprof Asia 2023 returned to its hometown Hong Kong for its 26th annual show, and Conkle, Kremer & Engel was at the leading B2B beauty event in the Asia-Pacific region. CK&E attorneys John Conkle and Chelsea Bernard attended to assist clients, meet prospective clients and see all of the latest innovative products, services and technologies available in the beauty industry.

In between our attorneys assisting beauty industry participants with acquiring distribution partners and counseling brand protection and regulatory compliance, they visited each of the halls and attended educational seminars to discover the newest and most innovative beauty products from all around the world.

Based on the increase in attendance from 2019, it was clear that everyone was excited to be back. More than 2,400 exhibitors from 44 countries and regions showcased their cutting edge products and services to 60,000 attendees. The impressive show occupied three massive exhibition halls, which included cosmetics and toiletries with a special natural and organic showcase, as well as nail and accessories, hair and beauty salon and spa products and services.

This year, Cosmoprof Asia strongly focused on sustainability and its impact on beauty habits, highlighting the event’s dedication to fostering positive change within the beauty and cosmetic industry. Our attorneys noted the strong industry trend toward “greentech.” Greentech utilizes only stem cells from plants, minimizing the environmental impact as entire plants no longer need to be harvested, and produces extremely efficient active ingredients for cosmetic products. Not all surprisingly, the seminar noted that the clean beauty market is projected to grow and reach an approximate $15.3 billion by 2032.

Similarly, analysis of exhibitors’ products and key trends spotlighted epidermal growth factors (“EGF”) which are polypeptides that can be derived from plant cells and are said to signal cells to boost collagen and elastin production. One of the products highlighted that features EGF was Dermaesthetics’ “UV Shield: EGF FGF DNA Sun Protection.” CK&E attorneys enjoyed speaking with Lincoln Lee, Director of Global Operations at Dermaesthetics, about their innovative products and ways to strengthen their brand protection as they expand their global business.  As well, environment sustainability and organic chemistry come first for Innersense Organic Beauty, a long time client of CK&E that exhibited their hair care products at Cosmoprof Asia and met with interested parties non-stop. Their message is simple yet noteworthy, to provide “Clean chemistry, radical transparency and a commitment to the environment,” by using formulas made with non-GMO, minimally processed ingredients from nature, sustainable packaging made from 100% post-consumer recycled materials and annual donations of 1% of their sales to environmental causes.

As always, 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 assist our clients, from startups to mature businesses, to grow and protect their brands and businesses in domestic and international markets.

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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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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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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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UK Bans Sale of Products with Plastic Microbeads

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Beginning on June 30, 2018, the United Kingdom’s ban on the sale of “rinse-off” cosmetic and personal care products containing plastic microbeads in their formulas will take effect as part of the Department for Environment, Food and Rural Affairs’ (“Defra”) efforts to reduce the harmful, pollutive impact that plastic microbeads have on the marine environment.  The sales ban follows the ban on the manufacture of such products in the UK that went into effect on January 9, 2018.  Defra described the prohibition as “one of the world’s toughest bans on these harmful pieces of plastic.”  Notably, the UK ban applies to both biodegradable and non-biodegradable plastic microbeads.

While the Institute for European Environmental Policy (IEEP) and organizations such as Beat the Microbead and Plastic Soup Foundation have pushed for an EU-wide ban on the sale of plastic microbeads, it does not appear that such a ban is being developed at the moment.  However, European countries are trending toward microbead bans: Sweden’s ban on the sale of rinse-off cosmetics with microbeads takes effect on July 1, 2018 (although sellers who obtain such products before that date may continue to sell them until January 1, 2019); Ireland plans to introduce a microbead ban by the end of 2018; and several other countries in the European Union are reportedly in the process of developing their own microbead bans.

Plastic Microbeads in Cosmetics

For decades, plastic microbeads have been used in facial cleansers, soaps and toothpastes for their exfoliating properties.  However, in response to growing concerns about the environmental impact of plastic microbeads in recent years, many companies have reformulated their products to use other non-plastic exfoliants, such as walnut shells, salt, seeds and jojoba beads, among others.

Plastic microbeads make their way from our sinks and showers, to the sewage systems, and into the marine environment.  One scientific study found that in the United States alone as many as eight trillion microbeads end up in our lakes, rivers and oceans every day.  The microbeads absorb toxins and are ingested by marine animals who transport them to other creatures up the food-chain.

UK Follows Example Set by US Ban

The “tough” UK ban follows in the footsteps of the Microbead-Free Waters Act of 2015 in the United States banning both non-biodegradable and biodegradable plastic microbeads, which was signed into law by President Obama on December 28, 2015.  Prior to the federal ban, however, eight of the nine states to pass legislation banning plastic microbeads in personal care products exempted biodegradable plastic beads from the ban.  California was the only state with a plastic microbead ban that included both biodegradable and non-biodegradable plastics within its scope, as studies showed that even the biodegradable microbeads disintegrate quite slowly and create a negative environmental impact.  For more history about the introduction of state-level microbead legislation, see CK&E’s earlier post regarding New York’s Microbead-Free Waters Act and the proposed laws in other states.

While the scopes of the UK and US bans are substantially similar, a violation of the UK ban could come with a much steeper monetary penalty.  While the fine for violating the US ban generally does not exceed $1,000 (assuming that there was no intent to defraud or mislead), a violation of the UK ban could cost the violator up to 10% of its annual revenue in England.

If you are a manufacturer, it is important that you stay up to date with the industry regulations in every territory where you manufacture or distribute your products.  CK&E has decades of experience helping clients adapt their businesses and products to comply with changing regulations all over the world, in a cost-effective and efficient manner.

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The Conkle Firm Attends Cosmoprof North America’s Exhibition in Las Vegas

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On July 9, 2017, the attorneys of Conkle, Kremer & Engel attended Cosmoprof North America’s annual exhibition in Las Vegas, both to assist clients and to observe first-hand the latest trends in the beauty and personal care industry.  Tens of thousands of professionals attended the three-day exhibition, which featured over 1,150 exhibitors from 38 countries. CK&E attorneys attend to connect with clients and others in the cosmetics, personal care, packaging, labeling and professional beauty markets, to help clients secure distribution agreements, and to learn about the newest industry innovations.

This year, brands dedicated to “green” products were showcased as consumers continue to be interested in eco-friendly beauty and technology.  Skincare brands also made a strong showing as consumers have been increasingly interested in anti-aging and other preventative products and technologies.  Facial mask and dedicated ethnic products made a particularly strong showing this year.  Globalization of the beauty market is readily apparent – Euromonitor International has an excellent detailed analysis of recent international growth in the beauty and personal care industry on a global scale:  http://blog.euromonitor.com/2017/05/reimagining-growth-in-the-global-beauty-industry.html

CK&E’s attorneys pride themselves on effectively and efficiently assisting clients of all sizes with brand protection and growth and regulatory compliance, both domestically and internationally.  CK&E is an active member of the Professional Beauty Association, and other important industry trade organizations.

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The Conkle Firm Attends Mayor Garcetti’s Export Program

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On May 24, 2017 Conkle, Kremer & Engel attorneys Mark Kremer, John Conkle and Eric Engel attended a conference to promote export development in the health and beauty industry.  The program was jointly presented by Los Angeles Mayor Garcetti’s Export Program and Beauty Industry Market Access (BIMA).  The Mayor’s Office of Economic Development was represented at the program by Eric Eide, Director of International Trade, who spoke of the Los Angeles City government’s interest in helping Los Angeles businesses develop exports as a means of economic growth.

This conference focused on the export opportunities that are available to Los Angeles area health and beauty businesses.  Mr. Eide and other speakers such as Patty Schmucker of American Made Beauty emphasized that international opportunities abound, because 96% of the world consumers, representing 72% of worldwide buying power, reside outside the United States, yet less than 2% of U.S. companies engage in export to those consumers.  The “Made in the USA” labeling is a way to leverage the natural advantage that U.S. beauty and cosmetics manufacturers have from being constantly promoted worldwide through Hollywood movies, celebrities and culture in media.  Harlan Kirschner, President of The Kirschner Group, Inc., a preeminent global sales representative organization for the beauty industry, spoke about the importance of thinking about export from the very inception of launching new product lines so that the products are globally compliant and export-ready when the time comes.  Mr. Kirschner offered tips such as hiring local college professors of languages for quick and inexpensive translations of product labels and marketing materials.

Emilio Smeke of Daily Concepts, himself a highly successful graduate of the BIMA program, encouraged entrepreneurs to do their homework and choose well the product lines and marketing most likely to succeed in the particular foreign markets they want to develop.  Mr. Smeke offered, for example, that in the U.S. people shower or bathe on  average less than once per day, but in Mexico people shower or bathe up to twice per day.  Mr. Smeke expressed the importance of carefully listening and observing the markets that you want to develop, offering the sage advice that people were given two eyes, two ears and one mouth, and should use them all proportionately.

CK&E attorneys regularly participate in programs to advance their clients’ interests, including leveraging government and private initiatives to promote business growth through international sales.

Emilio Smeke at Mayor Garcetti’s Export Program

Harlan Kirschner at Mayor Garcetti’s Export Program

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The Conkle Firm Visits ISSE

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Attorneys from Conkle, Kremer & Engel were on hand as the Professional Beauty Association (PBA) hosted the International Salon and Spa Expo (ISSE) on January 28th-30th, 2017 at the Long Beach Convention and Entertainment Center.  Tens of thousands of industry professionals attended this year’s ISSE show, which featured booths and displays from hundreds of manufacturers and distributors.  CK&E attorneys were pleased to be able to assist clients and meet with professionals in the beauty industry.  CK&E attorneys particularly focus on helping beauty industry participants develop and grow their businesses, such as by expanding into overseas markets or negotiating with distributors. CK&E attorneys are proud members of the PBA, which advances the professional beauty industry by providing members with education, charitable outreach, government advocacy, events and more.

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