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Supreme Court May Hear Cosmetics Case Exploring Federal Preemption

 
• By Lauren Nardella

The United States Solicitor General is expected to file a brief early in 2015 on a case examining if the Federal Food, Drug and Cosmetic Act preempts an unfair competition claim in California pertaining to the cosmetics/drugs regulatory divide. The case, Athena Cosmetics vs. Allergan, could be heard by the Supreme Court and bring attention to the way cosmetics are defined and regulated under federal law.

The long legal battle between pharmaceutical firm Allergan Inc. and [Athena Cosmetics Inc.] could be coming to a head, as what began as a patent dispute between the competing eyelash-enhancement marketers may now have the Supreme Court deciding whether drug/cosmetic debates are a matter of state or federal authority.

Athena has petitioned the Supreme Court to review a lower court’s decision that its RevitaLash eyelash-enhancement formulas are drugs as...

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FTC Consumer Privacy Policy Driven By ‘Straw Man’ Arguments – Commissioner Holyoak

 
• By Eileen Francis

The US FTC’s contention that ‘notice and choice’ has failed as the cornerstone of consumer privacy regulation and must be abandoned in favor of data minimization and other more stringent measures does not adequately account for the complexity of business practices and consumer behavior, FTC commissioner Melissa Holyoak asserted at the NAD’s 2024 Annual Conference.

FTC’s New Commissioner ‘Dismayed’ By Agency Overreach

 
• By Eileen Francis

FTC Commissioner Melissa Holyoak says the agency has acted outside the bounds afforded by Congress, citing several areas within consumer protection, including a recent update to the final rule for the Health Breach Notification Rule and the commission’s use of notices of penalty offense to serve as the basis for Section 5 settlements. 

Beauty Brands Not On TikTok Shop ‘Really Missing Out’ – KO-Pack

 
• By Eileen Francis

At one year, TikTok Shop conjures the early days of Amazon, representing the ‘Wild West’ of beauty ecommerce, said co-founders of private label and contract manufacturing company KO-Pack at the IBA Cosmetics Convergence Fall 2024 Virtual Symposium, “The Promise and Pitfalls of TikTok Shop.”

Final Chance To Have Your Say: Take Our Reader Survey This Week

 
• By Ryan Nelson

Editor’s note: This is your final call to participate in the survey to better understand our subscribers’ content and delivery needs. The deadline is 20 September.

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People On The Move: Appointments At Pharma Deutschland, AMA, FSA

 
• By Tom Gallen

A round-up of the latest people moves: Pharma Deutschland names head of new OTC Market division; the African Medicines Agency appoints director general; the UK's Food Standards Agency adds members to novel foods committee.

Haleon Study: Self-Care Policies Could Save Finland €60m Per Year

 
• By David Ridley

Creating a working group to drive Rx-to-OTC switch is one of the ways in which Finland could expand self-care and save €60m per year for the country's health system, suggests a recently published report commissioned by Haleon.

Moberg Nail Fungus Line Takes Lead In Norway As Firm Plots EU Expansion

 
• By Tom Gallen

Terclara - Moberg’s proprietary topical formulation of terbinafine for fungal nail - has established itself as the market leader in Norway just months after its OTC launch. The firm is now plotting its expansion to additional EU markets.