Legal

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

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.

Dietary Supplements Category Ranks Second For Food Fraud In EU

Dietary Supplements Category Ranks Second For Food Fraud In EU

 
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Report from European Commission's Alert and Cooperation Network finds EU consumers are being deceived by companies marketing supplements making unauthorized health claims and containing unapproved ingredients. 

‘Inside Regulatory Affairs’ With AESGP’s Christelle Anquez-Traxler and Oliver Hartmann

‘Inside Regulatory Affairs’ With AESGP’s Christelle Anquez-Traxler and Oliver Hartmann

 
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HBW Insight presents a new series profiling regulatory affairs specialists working in or supporting the consumer health and cosmetics industries. In this first installment, we speak to AESGP's Christelle Anquez-Traxler and Oliver Hartmann, senior regulatory science & strategy lead, and regulatory & legal affairs director respectively. 

Chevron’s Fall Strengthens Industry’s Hand In Disagreements With US FDA, But May Spur Delays

Chevron’s Fall Strengthens Industry’s Hand In Disagreements With US FDA, But May Spur Delays

 
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Firms can be more forceful in disputes with FDA now that Supreme Court has eliminated Chevron deference. Questions around whether an evidentiary standard has been met may be ripe for challenge, legal experts said, but they also caution that sponsors will face more uncertainty.


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

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.

Supreme Court Mifepristone Decision Sets High Bar For FDA Suits, But Risks To Agency Authority Linger

Supreme Court Mifepristone Decision Sets High Bar For FDA Suits, But Risks To Agency Authority Linger

 

The unanimous decision that the Alliance for Hippocratic Medicine lacks standing to challenge the FDA’s relaxation of the abortion pill REMS leaves unclear whether the court would have deferred to the agency’s expertise on the merits. 

NAD Oddball: Thermometer Case Administratively Closed As Advertiser Takes Matter To Federal Court

NAD Oddball: Thermometer Case Administratively Closed As Advertiser Takes Matter To Federal Court

 
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Exergen seeks a declaration from Massachusetts federal court that claims challenged by Baxter in the National Advertising Division forum regarding the accuracy of its thermometers do not constitute false or misleading advertising, if they are even advertising at all.

L’Oreal Joins J&J And Major Retailers Defending Benzene Class Actions In Federal Courts

L’Oreal Joins J&J And Major Retailers Defending Benzene Class Actions In Federal Courts

 
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Benzoyl peroxide-based acne drug products and their alleged proclivity to become contaminated with carcinogenic benzene are at the center of putative class actions filing against L’Oreal in federal courts around the US.


Cue The Class Actions! Plaintiffs React To Valisure’s Benzene Findings In Acne Drug Products

Cue The Class Actions! Plaintiffs React To Valisure’s Benzene Findings In Acne Drug Products

 
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J&J, Target and Walgreens face class action complaints in California federal courts for economic harms caused by their sale of benzoyl peroxide-containing acne treatments, following Valisure’s 5 March citizen petition to the US FDA on findings of high levels of benzene in such products.

US FDA Should Reload Field Force To Target OTC Adulteration, Former Chief Counsel Hutt Says

US FDA Should Reload Field Force To Target OTC Adulteration, Former Chief Counsel Hutt Says

 

Habitually noncompliant companies are laughing at FDA, Peter Barton Hutt says.

FTC Might Need More Illumination On Proposed Rule For Online Consumer Product Reviews

FTC Might Need More Illumination On Proposed Rule For Online Consumer Product Reviews

 

BBB National Programs found FTC’s proposed Trade Regulation Rule on the Use of Consumer Reviews and Testimonials largely effective with some certainty on whether product reviews or customer testimonials are violations of its false advertising standards. But it =expects some clarifications may come in final rule.

Advertising Law In 2024: Attorneys Tuning In For ‘Clean Beauty,’ ‘Dark Patterns’ Developments

Advertising Law In 2024: Attorneys Tuning In For ‘Clean Beauty,’ ‘Dark Patterns’ Developments

 
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Attorneys are watching how the Federal Trade Commission and other authorities address online marketing practices this year that are increasingly viewed as potentially harmful to consumers.


Sunscreen SPFs Back In Plaintiffs’ Crosshairs? Alleged Supergoop Misrepresentations Don't Go Unseen

Sunscreen SPFs Back In Plaintiffs’ Crosshairs? Alleged Supergoop Misrepresentations Don't Go Unseen

 
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Plaintiff Marceann Dunning says she and other consumers would not have purchased Supergoop Unseen Sunscreen for body and face, or would have paid less for them, had they known the products’ SPF was significantly lower than the SPF 40 labeled. A rash of similar class actions years back against major sunscreen brands fizzled, ostensibly in quiet settlements with lead plaintiffs.

Advocacy For Drug Safety And Public Health Loses Passionate And Effective Leader Sidney Wolfe

Advocacy For Drug Safety And Public Health Loses Passionate And Effective Leader Sidney Wolfe

 

Wolfe is lauded by former colleagues for his fierceness in pushing to get dangerous drugs off the market, his rigorous scientific approach, and mastery of the press.

New US, EU Climate-Related Disclosure Requirements Will Have Ripple Effects Through Value Chains

New US, EU Climate-Related Disclosure Requirements Will Have Ripple Effects Through Value Chains

 
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Reporting requirements in the EU, California, and likely soon at the US Securities and Exchange Commission will have companies probing deeper in their value chains for sustainability information and attempting to calculate Scope 3 greenhouse gas emissions with limited resources, potentially with unfavorable implications for smaller businesses, industry advocates say.

Tylenol Label Warning Complaint Ruling Preempts OTC Monograph Federal Preemption Question

Tylenol Label Warning Complaint Ruling Preempts OTC Monograph Federal Preemption Question

 

Preemption not discussed in ruling dismissing plaintiff experts’ testimony other than to note court previously rejected Kenvue’s motion to dismiss based on a preemption argument.


Experts Get Failing Grade On Research Conclusions Challenging OTC Acetaminophen Labeling

Experts Get Failing Grade On Research Conclusions Challenging OTC Acetaminophen Labeling

 

Ruling in federal court in New York approves Kenvue attorneys’ motion to dismiss five experts’ testimony that prenatal use of Tylenol or other acetaminophen oral products linked to autism and/or attention-deficit hyperactivity disorder in children. Ruling likely will lead to dismissal of complaint.

When Should Companies Self-Disclose Potential Misconduct To DOJ?

When Should Companies Self-Disclose Potential Misconduct To DOJ?

 

Former DOJ official notes this can be a difficult question before government initiates an investigation unless there is an obvious problem. DOJ official describes benefits of cooperation and how data analytics have changed the way the department identifies and vets cases.

NPA Complaint For Preemption Argues New York Swings Wildly With Age-Restricted Sales Law

NPA Complaint For Preemption Argues New York Swings Wildly With Age-Restricted Sales Law

 

New York law crosses so many federal regulations it would also affect Rx drug sales while allowing consumers to file complaints alleging businesses violate the law, NPA argues in complaint filed in federal court in New York City.

After At-Home Diagnostics Got Boost From COVID, FTC Shows False Claims Didn’t End With Pandemic

After At-Home Diagnostics Got Boost From COVID, FTC Shows False Claims Didn’t End With Pandemic

 

FTC and California Attorney General offer CRI Genetics LLC as exhibit A for making good on promised deliverables for DNA-based ancestry and information reports.