Legal

US Chamber of Commerce Backs J&J Supreme Court Petition on Expert Testimony Standard

 
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Johnson & Johnson’s petition for a writ of certiorari with the US Supreme Court has drawn the attention of the US Chamber of Commerce and other trade associations, which have filed an amicus brief in support of the firm.

PCPC Sues California AG Over Prop 65 Warnings for DEA in Cosmetics

 

For the second time in three years, the Personal Care Products Council is suing the California attorney general over the listing of a personal care ingredient under Proposition 65, citing a First Amendment violation.

Oregon’s EPR Program Faces Federal Injunction, Raising Legal Questions for Similar State Laws

 

A federal district court in Oregon denied the state’s motion to dismiss certain constitutional claims brought forward by a trade association in a suit filed last year over the state's Extended Producer Responsibility law. The case likely has implications for EPR laws across the country.

Estée Lauder Sues Walmart Alleging Sale of Counterfeit Beauty Products

 

The Estee Lauder Companies alleges retail giant Walmart has been ‘knowingly’ selling counterfeit versions of products from six of its brands. It filed a lawsuit against the firm Feb. 9.


Q&A: Responding To FDA’s Draft Guidance On Mandatory Cosmetic Recalls

 

Venable LLP attorney Claudia Lewis shares how MoCRA stakeholders can audit safety substantiation records, take steps toward GMP compliance and review labeling claims, while also preparing internal processes to enable a rapid response in the case of an FDA mandatory recall.

Trump’s Antitrust Regulators May Accept Divesting

 
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The Trump Administration may differ from the Biden Administration in some areas of health care antitrust enforcement, but experts said some Biden-era priorities may be maintained.

State PFAS Bans May Be Driving Decline In Class Actions Against Cosmetics

 

Class actions targeting cosmetics with PFAS are ‘far fewer’ now than in 2022 before state regulations were passed banning intentionally added PFAS in cosmetics, says an attorney who sees the state laws as a potential reason for the decline.

Producers Sue Oregon Over ‘Crushing’ EPR Recycling Law, Call It Unconstitutional

 

A national wholesalers’ trade group is suing Oregon, claiming its EPR law, which requires producers to register, report packaging data and pay fees, is unconstitutional and overly burdensome.


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

 
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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

 

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

 

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

 
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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?

 

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.

J&J Sued For ‘Plant-Based’ Claims On Aveeno, Neutrogena Makeup Removing Wipes

 
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Plaintiffs in California federal courts seek restitution, damages, and other relief on behalf of themselves and consumers nationwide, whom allegedly were deceived by “Plant-Based” representations on Aveeno and Neutrogena Makeup Removing Wipes.

US FDA Action On Benzene Levels In Acne Products Demanded By New Citizen Petition

 
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Filed on 20 August by Pensacola, FL-based law firm Aylstock, Witkin, Kreis & Overholtz (AWKO) on behalf of an unnamed client, the petition points to benzene study data unconnected to Valisure on unheated benzoyl peroxide products, but is light on details of how it was conducted.

Dr. Dennis Gross Skincare Will Pay $9.2M To Settle ‘C+Collagen’ Class Action

 
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Bicoastal litigation against DDG alleges that its labeling of “C+Collagen” items misled consumers into believing the products contained collagen. The defendant argued that “vegan” declarations on the products’ labeling and “Collagen Amino Acids” in their ingredient lists provided sufficient clarification, but California and New York federal courts have not been persuaded.


Like ‘Natural’ And ‘Clean,’ Personal-Care Brands Must Be Prepared To Defend ‘Simple’ Claims

 
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The National Advertising Division provides guidance to “minimalist” beauty and personal-care marketers with its review of “simple” claims on Native deodorant, body wash and other personal-care products.

Deference No More: More Challenges Against US FDA After Supreme Court Tosses Chevron Doctrine?

 
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The Supreme Court’s 6-3 ruling is expected to have a minimal impact on drug approvals and other scientific determinations, but matters steeped in the interpretation of regulation and statute, such as marketing exclusivity, could face a heightened risk of challenge, legal experts say.

IFF Fined €15.9M For WhatsApp Message Deletion During European Commission Inspection

 

The European Commission fines International Flavors & Fragrances Inc. and its French division €15.9m after a senior employee deleted WhatsApp messages with a competitor during an inspection, part of an ongoing antitrust investigation into four major flavors and fragrance manufacturers.

California Court Delivers ‘Win’ For Cosmetics Companies In Prop 65 TiO2 Case

 
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Proposition 65 titanium dioxide lawsuits have been halted by a ruling in California in a First Amendment case, which could bode favorably for other scientific challenges to mandated warning labels.