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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

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.

In Emergency Rule, California Bans All THCs In Hemp Products: Industry Asks, Where’s The Fire?

 
• By Malcolm Spicer

California authorities say predominance of retailers licensed to sell hemp are compliant with ban published effective on 3 October through emergency regulation. But hemp industry’s contesting the regulation in state court, arguing state authorities inappropriately used emergency action to change state law on hemp products legislature passed in 2021.

More from Policy & Regulation

EU’s Small, Medium Beauty Industry Pushing For Clarity In Revised CPR

French SME association COSMED will push the European Commission for a “clear checklist” and criteria on how substances in the Cosmetic Products Regulation are assessed by Member States, as well as more clarity on the exemption process and timelines.

US FDA Expert Panel Paints Bleak Picture For Future Of Talc In Cosmetics

 
• By Eileen Francis

The US FDA’s 20 May expert panel on talc discussed science behind the potential carcinogenicity of the cosmetic, food and drug ingredient, the importance of ‘good science’ in evaluating the substance and the need to find alternatives in each industry.

Beauty Industry Not Taking Advantage Of CBP’s Duty Drawback – IBA Conference

 
• By Eileen Francis

US Customs and Border Protection’s program allowing companies to recoup fees for imported goods that were destroyed or exported is applicable in the case of most of President Trump’s reciprocal tariffs. However, most cosmetic companies don’t make use of it.