In the August 29 Cosmetics Design column, Duane Morris attorney Kelly Bonner provides essential legal and regulatory updates for cosmetics and personal care product manufacturers and suppliers to help industry professionals stay informed and compliant. Read the full article on the Cosmetics Design website.
California’s bid to ban selling anti-agers to teens fell through, but set a precedent
It is a truth universally acknowledged that a person over 40 must be in want of a face cream. Or a serum. Or anything, so long as it promises to reduce the appearance of ageing.
I should know. I’ve tried most of them. In addition to my day job as a lawyer, dealing with litigation risk and regulatory issues affecting businesses in the cosmetics and personal care industries, I am a woman who has just turned 40.
My social media is a 24/7 loop of miracle products, promising a better version of me. One who is, invariably, 20 years younger.
But as consumers 30 years younger report spending more on cosmetics, skin care and fragrance in 2023, dermatologists are increasingly reporting younger teenagers with skin conditions as a result of anti-ageing product use.
These conditions include contact dermatitis, dryness and rashes, as well as increased sensitivity to sunburn and sun damage.
Dermatologists are also reporting teenagers seeking unrealistic ‘glass skin’, or ideas about skin care based on social media misinformation.
To read the full text of this article by Duane Morris attorney Kelly Bonner, please visit the Cosmetics Business website (subscription required).
The Beauty Regulatory Landscape Is Changing, Here’s the Latest
Duane Morris attorney Kelly Bonner was quoted in an article in WWD on June 25, 2024.
“A big deadline in the beauty and personal care regulatory landscape is fast approaching, with much more to come — although some experts believe this still isn’t enough.
Under the Modernization of Cosmetics Regulation Act, or MoCRA, passed by Congress at the end of 2022, cosmetics companies across the U.S. are required to register their facilities to the Food and Drug Administration by Monday, pushed back from the original deadline of December. They must also list each marketed cosmetic product, including product ingredients, and provide any updates annually. […]
As for what else is still to come, the industry is awaiting the FDA to issue guidance on good manufacturing practices, set to be published in 2025.
On this, Kelly A. Bonner, an associate at law firm Duane Morris, said: “They’re not reinventing the wheel. There are standards out there. It’s just going to be what the FDA say is the standard in the United States.” […]
Bonner, for one, believes the industry has been taking the changes seriously and that the goal for the FDA is to get through the first few years of MoCRA and then take stock.
“Ultimately FDA is going to take a hard look at it and think, ‘OK, what are our enforcement priorities now that we have the data, now that we’ve got everything in place? How do we tweak this? How do we refine this to better assist the industry, to better aid consumers?’”
To read the full text of this article, please visit the WWD website
Breaking Down ‘Clean at Sephora’ Ruling
Duane Morris attorney Kelly Bonner analyzes the recent ‘Clean at Sephora’ case ruling and offers her perspective on the judgment’s potential impact on the clean beauty industry. Read more on the Cosmetics Design website.
How Beauty Companies Can Mitigate Risks Associated with AI Technology Use
From L’Oreal and Olay to Procter & Gamble and Shiseido, companies across the beauty industry are embracing AI technology with open arms. But what are the risks of incorporating AI technology into business practices, and how can beauty companies protect themselves? […]
For answers to these questions and a closer look at this rapidly growing segment of the beauty industry, CosmeticsDesign spoke to attorneys Kelly Bonner and Agatha Liu of Duane Morris LLP, for their insights and experience. Kelly Bonner’s practice focuses on litigation risk and regulatory issues affecting businesses in the cosmetics and personal care industries, as well as cross-jurisdictional and complex commercial disputes involving FDA-regulated and consumer-branded products, and Agatha Liu has assisted clients with AI-related legal needs.
Continue reading “How Beauty Companies Can Mitigate Risks Associated with AI Technology Use”
Balancing Innovation and AI Regulations in the Beauty Market
Duane Morris’ Agatha Liu and Kelly Bonner were interviewed by Personal Care Insights about the challenges and opportunities beauty companies face while using AI to appeal to younger consumer demographics. Below is an excerpt of the article.
How does the competitive landscape of the beauty industry impact businesses’ use of AI technologies, especially when it comes to targeting younger consumer segments?
Bonner: The highly competitive nature of the beauty industry, with its desire to appeal to younger consumers, is certainly a key driver in beauty brands embracing AI tools to offer enhanced customer shopping experiences.
Can you provide some context about US AI regulations that the beauty industry should know? What do you expect is coming, especially considering the AI Act in the EU?
Liu: The EU AI Act imposes specific obligations on the providers and deployers of so-called high-risk AI systems, including testing, documentation, transparency and notification duties.
To read the full interview, please visit the Personal Care Insights page.
2023 Regulatory Roundup: MoCRA
Updated deadlines, the announcement of a newly developed draft submission portal, and the release of several different draft guidance documents are just some of the developments that have occurred this year regarding MoCRA’s implementation of cosmetic safety regulations. As 2023 draws to a close, CosmeticsDesign spoke to attorney Kelly Bonner to review what’s happened so far with the Modernization of Cosmetics Regulation Act (MoCRA) and to understand what’s ahead.
To read the full text of this article, please visit the CosmeticsDesign website.
Retailers’ Clean Beauty Claims Fuel Consumer Doubts and Lawsuits
In the beauty world, a “clean” product brings to mind one or more of the following features: sustainable, nontoxic, ethically made, cruelty-free, or even vegan.
Such broad associations speak to the appeal of “clean beauty” products: They can make consumers—especially climate-conscious Gen Z and millennials—feel like they’re making the better choice for themselves and the planet. The “clean beauty” market, which is forecast to expand to $15.3 billion by 2028, has grown from its roots in luxury and independent brands to take over shelves of products at mass-market retailers like Target.
But companies’ self-imposed definitions of what they consider to be “clean” has led to doubts about industry claims, fueling consumer-led class actions and raising the legal risk for companies trying to capitalize on product demand. While regulators are eyeing potentially misleading environmental advertising—and some beauty brands are even hoping they’ll clarify what’s “clean”—it’s the courts that will likely be the first to decide when use of the trendy term crosses into a type of greenwashing. […]
Still, the risk of regulatory enforcement for “clean” claims is fairly low, and it’s unlikely that the FTC will home in on the term for now, said Kelly Bonner, an attorney at Duane Morris who advises companies on consumer litigation and enforcement risks, including those in the beauty industry.
“I don’t think the FTC is going to focus so much on ideas of ‘clean’ or ‘natural’ given that it hasn’t defined these terms and it’s still unclear as to what these mean,” she said. “It’s more likely that it will get worked out in consumer protection suits and the courts.”
To read the full text of this article, please visit the Bloomberg Law website.
The Class Action Weekly Wire Podcast talks MoCRA featuring Kelly Bonner
In Episode 35 of the Class Action Weekly Wire podcast, host Jerry Maatman interviews Duane Morris associate Kelly Bonner about the Modernization of Cosmetics Regulation Act (MoCRA). Watch the episode below:
MoCRA Requires Federal Regulatory Overhaul
On December 23, 2022, Congress enacted the Modernization of Cosmetics Regulation Act (MoCRA)—the first major statutory change to the U.S. federal government’s ability to regulate cosmetics since 1938. Passed with bipartisan
and industry support, MoCRA expands the Food and Drug Administration’s authority over cosmetics, and creates substantial new obligations for manufacturers, packers and distributors of cosmetics intended for sale in
the United States. Here’s what beauty companies need to know.
To read the full text of this article by Duane Morris attorney Kelly Bonner, please visit the firm website,