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Why Preemption Defense Worked In Recent Neutrogena Suits, But Not Others

 
• By Ryan Nelson

Consumer suits seeking changes to, or disclosures in, J&J/Neutrogena sunscreen labeling claims – beyond what FDA requires – are preempted in accordance with the FDA Modernization Act, which Congress intended to promote national regulatory uniformity, a California appellate court has ruled. OTC drug and cosmetic firms, including J&J, have been less successful with preemption arguments in other cases.

A California appellate court ruling on disputed Neutrogena sunscreen claims highlights an important distinction in preemption arguments that may dictate their outcomes, namely whether proposed requirements for manufacturers under state law differ from or add to related federal requirements.

Compared with SPF claims, for example, which FDA has addressed with final and proposed rulemaking, "natural" claims have gone relatively untouched by the agency, making it more difficult for defendants...

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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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CRN Foundation Nurtures Charitable Clinics Network With Support

 
• By Malcolm Spicer

CRN Foundation selects National Association of Free and Charitable Clinics for Access Initiative support for increasing access to high-quality dietary supplements and essential nutrition for underserved populations.

Animal Studies Would Not Provide ‘Meaningful Insights’ Into UV Filter Safety - Study

 
• By Lauren Nardella

A new study on the safety of sunscreen filters relies on an alternative assessment methodology and concludes that six sunscreen UV filters are unlikely to be carcinogenic.

AESGP Annual Meeting: Wastewater Directive Impact Assessment ‘Fundamentally Flawed’

 
• By David Ridley

AESGP president Jonathan Workman opens the 61st Annual Meeting with calls for industry unity in the face of the problematic revised EU Urban Wastewater Treatment Directive.