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...
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 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.
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.”
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Guest authors Rachel Raphael, partner at Morgan, Lewis & Bockius, LLP and associates at the firm, Elizabeth Bresnahan and Kathryn Ignash, advise beauty companies on how to navigate the legal risks associated with consumers ‘off-label’ beauty hacks.
Danone moves into dietary supplements space with deal for The Akkermansia Company marketing patented biotic strain in US, Europe and Asia.
Modifications to forms FDA 3500, for voluntary reporting by healthcare professionals, and 3500A, for mandatory reporting by manufacturers, marketers or facilities, include limiting changing gender question to sex and asking for only male or female answer.
