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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.

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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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That Loud Noise Echoing In US OTC Hearing Aid Market? Merger Of Eargo And HearX

 
• By Malcolm Spicer

The firms recently announced they will operate as combined company LXE Hearing marketing Eargo’s namesake line and hearX’s Lexie brands. Eargo majority owner Patient Square Capital added $100m to its investment.

European Commission’s Omnibus VII Bans Two Nail Care Ingredients Starting In September

 
• By Eileen Francis

Two nail care ingredients included in the European Commission’s Omnibus VII, which includes about two dozen ingredients overall, are banned in Europe in September.

People On The Move: Appointments At Maxwellia, Nestlé, Alland & Robert

 
• By Tom Gallen

A round-up of the latest European health & wellness market moves: Maxwellia names chief operating officer; Nestle appoints marketing & sales head; Alland & Robert gets deputy general manager.