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Supreme Court Review Of Athena Cosmetics Case, Federal Preemption Argument Unlikely

 
• By Lauren Nardella

Federal food and drug law does not impliedly preempt Allergan's suit against Athena Cosmetics alleging that the defendant's RevitaLash products compete unfairly against the drug firm's Latisse treatment in California, according to a brief filed by Solicitor General Donald Verrilli with the Supreme Court. Athena has argued that the absence of FDA action against its eyelash enhancers signals that their cosmetic positioning is lawful, but Verrilli disagrees, maintaining that such litigation can supplement rather than conflict with FDA regulation.

Lack of FDA action on drug-like products marketed as cosmetics does not mean the agency tacitly approves of their positioning, nor should it necessarily shield manufacturers from being held accountable under related state laws, suggests Solicitor General Donald Verrilli in a May 26 amicus curiae brief to the Supreme Court.

"There is no split of authority on whether suits under state law to restrain the sale of unapproved drugs are preempted" by the Federal Food, Drug and Cosmetics Act, Verrilli

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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.

More from HBW Insight

Over The Counter: Taking Real-World Evidence Seriously, With IQVIA Consumer Health’s Volker Spitzer

 
• By David Ridley

In part 2 of HBW Insight's interview, IQVIA Consumer Health's vice president of global research and development and real-world evidence services, Volker Spitzer, explains how to approach real world evidence so that regulators recognize its validity, in supporting Rx-to-OTC switch applications, for example.

In Blistering Criticism, Health Subcommittee Democrat Warns Of Kennedy’s ‘Toxic Brew’ Plans

 
• By Malcolm Spicer

Trump’s first-term public health appointees “were serious people doing serious work in a bipartisan nature,” but HHS Secretary Robert F. Kennedy and other current presidential advisors “are not serious people,” says Massachusetts’ Jake Auchincloss.

Green Guides Update, FTC Enforcement In ‘Deregulatory’ Environment – BBB National Programs’ Engle During IBA Conference

 
• By Eileen Francis

The FTC’s Green Guides proposed update was expected by the end of the Biden Administration and there’s no indication it will be unveiled soon, says Mary Engle, BBB National Programs Exec VP, Policy. She also discussed the importance of industry self-regulation of artificial intelligence.