MoCRA-Required Recordkeeping, Reporting Now ‘Fair Game’ For Litigants – Crowell & Moring

Cosmetic product manufacturers can expect the plaintiffs’ bar to leverage new record-keeping, GMP and other provisions of the Modernization of Cosmetic Regulations Act to bring or advance litigation, Crowell & Moring attorneys say. They note some defensive tactics that could prove effective.

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In July 2020 after four years of motions practice, Unilever United States, Inc. was granted summary judgment in a putative class action alleging that the company endangered consumers with its deceptively advertised St. Ives Apricot Scrub.

According to the plaintiff, the scrub contained walnut shell grit that caused “micro-tears” in skin, potentially leading to acne, infections, signs of aging and other unwanted effects

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