Duane Morris Attorney Kelly Bonner Talks Cosmetics Regulations and More on This Week’s Episode of “Fat Mascara” Beauty Podcast

Join Duane Morris attorney Kelly Bonner as she discusses America’s complex system of cosmetics regulation on the award-winning beauty podcast, Fat Mascara, hosted by Jennifer Sullivan (beauty columnist, The Cut) and Jessica Matlin (beauty director, Moda Operandi).

Links to Episode 474: How Cosmetics Are Regulated, with Kelly Bonner, below

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New York Bans Animal Testing on Cosmetics

By Ethan Feldman and Kelly Bonner

On January 1, 2023, New York became the tenth state to ban the sale of cosmetics tested on animals.

The New York Cruelty Free Cosmetic Act (“NYCFCA”), which took effect on January 1, 2023, prohibits manufacturers from importing for profit, selling, or offering to sell any cosmetic or ingredient in the state for which the manufacturer knew or reasonably should have known that animal testing was performed by or on behalf of the manufacturer, or manufacturer’s supplier, if the animal testing was conducted after January 1, 2023. Continue reading “New York Bans Animal Testing on Cosmetics”

Congress Overhauls FDA Cosmetics Authority in Year-End Appropriations Bill

On December 23, 2022, Congress significantly expanded the FDA’s regulatory authority over cosmetics as part of its year-end Consolidated Appropriations Act of 2023, the first major statutory change to the Food, Drug and Cosmetics Act regarding the regulation of cosmetics since 1938. Passed with bipartisan support and garnering industry approval, the Modernization of Cosmetics Regulation Act contains a number of key provisions, requirements and dates for compliance.

To read the full text of this Duane Morris Alert, please visit the firm website.

Efforts To Dismiss BIPA Claims Involving Virtual Try-On Technology Rejected by Illinois Federal Court

In a significant decision for retailers, Judge Manish Shah of the U.S. District Court for the Northern District of Illinois recently denied in part Defendant Estée Lauder’s motion to dismiss proposed class action claims that its consumer “try-on” technology violated the Illinois Biometric Information Privacy Act (“BIPA”).  The Court rejected Defendant’s personal jurisdiction argument, as well as claims that its website terms and conditions required Plaintiff to arbitrate her dispute, and that Plaintiff lacked standing to sue on behalf individuals that used websites Plaintiff herself did not visit. In a decision entitled Kukovec v. The Estée Lauder Companies, Inc., Case No. 22-CV-1988 (N.D. Ill.), the Court determined, however, that Plaintiff did not sufficiently plead that the cosmetics giant intentionally or recklessly violated consumers’ biometric privacy rights, and thereby dismissed those claims.  The ruling in Kukovec illustrates the ongoing legal risks for retailers in using “try-on” tech to enhance customer service.

To read the full text of this post by Gerald L. Maatman, Jr., Gregory Tsonis and Kelly Bonner, please visit the Duane Morris Class Action Defense Blog.

New “.cfd” Domain Extension Tailored to Capture the Virtual Runway

By Michelle Hon Donovan and Anjuli M. Cargain

ShortDot, a domain name registry company, has announced the launch of .cfd (#ClothingFashionDesign), a specialized generic top-level domain (gTLD) for clothing brands, fashion designers, retailers, influencers, bloggers, consumers and lifestyle ecommerce stores. TLDs were developed in the 1980s and have unique purposes (e.g., .com, commercial; .org, nonprofit organizations; .net, network and internet-related organizations; .edu, educational; .gov, government entities). ShortDot’s webpage for registering the new domain states:

By providing a memorable, unique, and relevant web address, .CFD offers clothing, fashion, cosmetics, and footwear brands and designers a unique opportunity to strengthen their web presence.

Trademark owners can register .cfd domain names during the “sunrise period,” which ends April 12, 2021. Continue reading “New “.cfd” Domain Extension Tailored to Capture the Virtual Runway”

Personal Care Products Sector Gets Boost From New North American Trade Deal

On January 29, 2020, President Trump signed the U.S.-Mexico-Canada Agreement (USMCA) into law, with key commitments impacting the personal care products sector.

The 2,082-page pact, which updates the 26-year-old North American Free Trade  Agreement (NAFTA), comes after more than two years of   negotiations, and was overwhelmingly ratified by the U.S. Senate on January 16, 2020.

Significantly, the USMCA contains a new Cosmetic Products Annex, which promotes greater regulatory compatibility and shared best regulatory practices in the personal care products sector.

Continue reading “Personal Care Products Sector Gets Boost From New North American Trade Deal”

FDA To Host Day-Long Public Forum On Asbestos-Contaminated Talc

On January 9, 2020, the U.S. Food and Drug Administration announced that it will host an all-day public forum to discuss testing methods for asbestos in talc and cosmetic products containing talc on February 4, 2020.

According to the FDA, the purpose of the meeting is to discuss testing methods, terminology, and criteria that can be used to characterize and measure asbestos, as well as what the FDA preliminarily states may be “other potentially harmful elongate mineral particles (EMPs)” that may contaminate talc and cosmetics products that contain talc.

Continue reading “FDA To Host Day-Long Public Forum On Asbestos-Contaminated Talc”

Contaminated Cosmetics: Recalls, Lawsuits and Legislation

In recent months, reports of asbestos-contaminated cosmetics have illustrated the enduring challenges of manufacturing and marketing cosmetics as safe for consumers, particularly teens, children and expectant mothers. This is especially true where still-developing science, emotion and rapidly disseminated information (and misinformation) all play critical roles in shaping public perception, even influencing jury outcomes.

This article explores the potential legal challenges for supply chain participants arising from contaminated cosmetics, as well as significant proposals to change the way the U.S. Food and Drug Administration regulates cosmetic safety.

The Relationship Between Talc and Asbestos

Talc, also known as talcum or magnesium silicate, is a naturally occurring silicate mineral mined from underground deposits. Because talc is the softest mineral known to man, it has been used in cosmetics manufacturing for centuries.

To read more visit the Duane Morris website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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