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SPF Fraud Cases Hard To Shake, Could Shine Light On FDA Protocol Problems

 
• By Ryan Nelson

As SPF defendants’ dismissal motions continue to be shot down in federal courts, it increasingly seems that their SPF claims and the radically different test results alleged by plaintiffs will have to be subjected to rigorous analysis and expert opinion, undertakings that could shine light on inherent problems with FDA’s testing protocol rather than overt moves by companies to inflate the protective capacity of their products.

Sunscreen lotion with word is "SPF ??" on asian woman skin, back view.

Developments in federal courts in recent months, overwhelmingly in favor of plaintiffs, show that litigation contesting sunscreen brands’ claimed SPFs isn't easily squashed.

Increasingly, the consensus seems to be that consumers armed with conflicting SPF test results have a right to bring false-advertising...

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More from Legal

‘Off-Label’ Beauty Hacks: Navigating the Risks of Consumer-Driven Innovation

 
• By Rachel Raphael, Elizabeth Bresnahan and Kathryn Ignash

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.

Supreme Court 1935 Ruling Limiting Executive Authority On Appointments ‘Unravels’ Today – DoJ

 
• By Malcolm Spicer

In complaint and response to motion to dismiss, Rebecca Kelly Slaughter’s and Alvaro Bedoya’s attorneys elaborate on Supreme Court ‘s 1935 decision, Humphrey’s Executor v. US. Administration attorneys, though, contend the ruling isn’t relevant to the current FTC.

Estee Lauder Faces Securities Fraud Suit After District Court Denies Motion To Dismiss

 
• By Eileen Francis

A federal judge in the Southern District of New York denied Estee Lauder’s motion to dismiss a securities fraud lawsuit filed by shareholders who said the company concealed its reliance on a gray market retail revenue stream, which ultimately caused sales and the stock price to plunge.

Uncertainty Abounds With SEC Climate Reporting Rule Tied Up In Courts

 
• By Lauren Nardella

Despite questions surrounding the SEC rule, including disputes being litigated in the US Eighth Circuit, companies must prepare to meet the new climate disclosure requirements in addition to related mandates in California and abroad. Experts emphasize opportunities beyond compliance.

More from Policy & Regulation

EU Proposal To Simplify Hazardous Chemical Rules For Cosmetics ‘Step In Right Direction’ - Industry

 
• By Eileen Francis

The European Commission’s Simplification Omnibus published July 8 is ‘step in right direction’ for streamlining processes and providing more legal certainty and predictability for regulations addressing cosmetics, says Cosmetics Europe.

HHS Wants Employees (And Public?) To Report Diversity, Equity And Inclusion Discrimination

 
• By Sue Sutter

A survey asks FDA staff to disclose whether DEI policies caused discrimination or resulted in disciplinary action against career employees over the past five years, but uses a web form that the general public also can access.

FDA Urged To Issue Formaldehyde Rule As California Finds Non-Compliance With State Ban

 
• By Lauren Nardella

Stakeholders are still waiting for the US FDA to issue its widely anticipated proposed rule to prohibit formaldehyde and formaldehyde releasers from hair smoothing or straightening products.