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EU Watch: Next Steps Re Controversial CMR Ban Approach, Fragrance Allergens Labeling

EU sources update Rose Sheet on contentious initiatives to cement the Commission’s pathway for banning carcinogenic, mutagenic or reprotoxic substances in cosmetics and to promote fragrance allergen awareness and risk management.

Regulation Consumer Europe

Hawaii’s Sunscreen Ingredient Ban Is On The Books; To Industry, An Affront To Science

As in the case of plastic microbeads some four years ago, the personal-care industry finds itself in the position of having to reformulate potentially on a mass scale due to environmental rather than human safety concerns. And once again the legislation was driven in large part by shoddy science, industry says.

Legislation State News Cosmetic Ingredients

FDA: Anonymity Assured In Pending Cosmetic Manufacturing Practices Survey

The agency clarified in an email to Rose Sheet that an independent contractor would be tasked with conducting a planned survey on current cosmetic manufacturing practices, which remains subject to public comment and OMB approval. Respondents could count on their responses to be anonymous, FDA says.

FDA Manufacturing Regulation

UK Curbs Racing Greens Powder On Daily Fruit, Vegetable Recommendation Claim

Racing Greens Nutraceuticals is advised to discontinue claims its energy and recovery supplement delivers “six of your five a day” daily servings of fruit and vegetables the UK recommends because it's a powder. Public Health England says fresh or frozen, canned, dried or juiced fruits and vegetables qualify, while a 150mL of unsweetened fruit juice, vegetable juice or a smoothie counts as a maximum of one portion of the five a day.

Dietary Supplements Consumer United Kingdom
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WARNING: These Imminent Prop 65 Changes Can Expose You To New Litigation

Companies have had two years to prepare for new warning requirements under California’s Prop 65, which go live at the end of August. Attorneys warn that new warning responsibilities in e-commerce settings are among changes most likely to imperil businesses (and enable bounty hunters).

Regulation State News

FDA Denies WVE Petition For Feminine Wash Colorant Guidance

FDA doesn’t see a need for the guidance requested by Women’s Voices for the Earth, but that doesn’t mean the NGO’s point was entirely lost on the agency. Feminine washes continue to contain colorants permitted for external use only – a seeming paradox, particularly in light of pH balance claims.

FDA Regulation

Health, Beauty And Wellness Recalls: Splish Splash, Pediasure, DMAA

Saje Natural Wellness recalls Splish Splash Gentle Baby Wash due to potential contamination with bacteria Pseudomonas aeruginosa and potential bacteria contamination also prompted a recall by another personal care product brand, Bath and Body Works Pure Simplicity. FDA recalls database shows a recall of DMAA-containing dietary supplements opened in 2012 was terminated on July 5.

FDA Regulation

ASA: Nivea Moisturizer’s ‘0% Alcohol’ Claim Not Misleading, Despite Cetearyl Alcohol Use

A July 11 ruling from the UK’s independent advertising regulator underscores the importance of context in gauging whether claims have the capacity to mislead consumers. The decision leaves Beiersdorf free to tout its cetearyl alcohol-containing Nivea Men Sensitive Moisturizer as “0% alcohol – no burning.”

Advertising, Marketing & Sales Regulation

Opioid-Withdrawal Beverage Seller Latest Target Of FDA-FTC Joint Enforcement

While essentially all products labeled as dietary supplements but marketed with claims to treat diseases or illnesses could be targets of FTC enforcement against unsubstantiated advertising, FDA warnings to firms linked to those products generally don't discuss violations of FTC rules. But the warning to Up-Inya Beverages, like firms previously identified as making opioid-withdrawal claims, included an explanation of how it's in FTC's crosshairs, too.

Dietary Supplements FDA

EU Watch: Three Cosmetics-Relevant Areas Targeted For Imminent Policy Development

The European Commission is committed to completing its review “shortly” of the Cosmetics Regulation in light of endocrine disruptor criteria recently implemented in other sectors. Cosmetics industry stakeholders should also keep an eye out for developments as the Commission evolves its approach to nanomaterials and microplastics.

Regulation Consumer

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Exclusivity Period Allowed By OTC Monograph Reform Likely Up To Conference Committee

Next step for OTC monograph reform legislation is Senate consideration; market exclusivity periods are likely focus of House/Senate conference. Separate bill to allow consumers to use health savings accounts to buy OTC drugs without a doctor's prescription clears House Ways and Means panel.

Legislation Consumer

Adding Multivitamins To SNAP Sprouts Or Wilts In Congress' Decision On Farm Bill

House appoints its farm bill conference committee members primarily from Agriculture Committee but also with reps from committees with oversight for a variety of topics due to the breadth of the legislation and to contentious issues unrelated to including supplements as SNAP, or food stamp, benefits. Supplement industry also looks to fate of legislation that would allow using pre-tax health savings accounts to buy OTC drugs without having a doctor's prescription as a sign for whether VMS product purchases will be allowed with the accounts, as proposed in House and Senate bills.

Legislation Advertising, Marketing & Sales

House And Senate Farm Bills Dilemma: Each Includes One, But Not Both Of Supplement Industry's SNAP, Hemp Goals

Senate's USDA five-year reauthorization would remove hemp from federal list of controlled substances and lift limits on production in the US but does not contain language included in the House bill to make multivitamins eligible for Supplemental Nutrition Assistance Program purchases. House bill though, doesn't clear hemp production. "I think we have a lot of work of ahead of us on both fronts," says CRN President and CEO Steve Mister.

Dietary Supplements Legislation

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J&J Hopes To Continue Appellate Streak Following Whopping $4.69bn Talc Verdict

Counsel for 22 women who blame J&J talcum powders for their ovarian cancer took a new approach in this latest case in St. Louis Circuit Court, arguing that asbestos in the firm’s talc is the culprit, rather than talc itself. J&J is confident in its ability to overturn the verdict, which it characterized as biased and unfounded.

Legal Issues Cosmetic Ingredients

L’Oreal Makes Consumers Chumps With Its Liquid Cosmetic Pumps – Class Action Complaint

Plaintiffs in New York’s Southern District say a packaging defect strands product inside L’Oreal Paris and Maybelline liquid cosmetic bottles, causing consumers to lose up to $7 on every purchase.

Legal Issues Consumer

PCPC Warns California: Animal-Testing Bill Could Be Blow To State’s Economy

California Cruelty Free Cosmetics Act does not properly account for the fact that cosmetic animal testing still is required in many instances under foreign and domestic regulations, posing conflicts that could shake out unfavorably for California’s economy, says PCPC head Lezlee Westine.

United States US States

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J&J Baby Care Launches Crucial To Second-Half Consumer Business Results

Baby care products sales were a drag on J&J's consumer sector, falling at a reported 7.7% to $456m. US sales particularly were off, down reported21.2% to $89m, and international results were off 3.7% to $367m. Worldwide beauty sales were up a reported 3.1% to $1.11bn, but US sales were down 1.8% to $637m.

International United States

Adding Multivitamins To SNAP Sprouts Or Wilts In Congress' Decision On Farm Bill

House appoints its farm bill conference committee members primarily from Agriculture Committee but also with reps from committees with oversight for a variety of topics due to the breadth of the legislation and to contentious issues unrelated to including supplements as SNAP, or food stamp, benefits. Supplement industry also looks to fate of legislation that would allow using pre-tax health savings accounts to buy OTC drugs without having a doctor's prescription as a sign for whether VMS product purchases will be allowed with the accounts, as proposed in House and Senate bills.

Legislation Advertising, Marketing & Sales

Health, Beauty And Wellness Launches: BSN, Som Sleep, Monat, Nutrisystem, Celsius, thinkThin

Monat enhances Rejuveniqe; Probiotics, protein in thinkThin oatmeal; Nutrisystem offers Blueprint for genetic action; Celsius powdered sticks in coconut, cranberry-lemon flavors; Som Sleep beverage available; and Cold Stone flavors BSN Syntha-6.

Commercial Launches

Ingredients Explore this Topic

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FDA Analysis Of Non-Traditionally Preserved Cosmetics Indicates Likely Contamination Source

The agency’s survey of eye-area cosmetics marketed as free of traditional preservatives doesn’t raise any obvious red flags. However, it does point to a possible contamination source and suggests “the limits of preservative activity in cosmetics.”

FDA Cosmetic Ingredients

Cosmetics Firms Must Scrutinize Supply Chain Amid Growing Reputational Risks

In today’s cosmetics market where manufacturers increasingly are sourcing commodity-based ingredients to answer natural product demand, risk of being linked to social or environmental ills is higher than ever, a Verisk Maplecroft analyst suggests.

Risk Management Market Intelligence

California Baby Will Transition Products To New 100% Plant-Based Preservative

The Los Angeles-based natural product trailblazer says it will be positioned to use 100% bio-based claims – and USDA’s corresponding certification logo – thanks to its new plant-based preservative system. The innovation should serve as a signal to the wider industry and FDA that 100% plant-based skin-care products are possible, the company’s founder suggests.

Cosmetic Ingredients Business Strategies

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Health, Beauty And Wellness News: Aegle Warning, Herbalife Supports LULAC Convention, Appointments

Herbalife Supports League of United Latin American Citizens Convention; Zimm Heads Nutritional Growth Solutions In US ; RiceBran Promotes SVP To Chief Revenue Officer; GMO and Acidified Process Warning For Aegle Nutrition.

United States Dietary Supplements

Weight Loss Claims Fall Flat But Marketer's Advertising Still Stands

Council of Better Business Bureaus' investigative arm tells Truderma studies of separate ingredients do not support claims for an entire product and also advised the firm that the scant evidence it submitted from reports on bona fide clinical trials were poor matches even to support claims for separate ingredients and the remainder of its evidence – summaries of studies – was worthless.

Dietary Supplements Advertising, Marketing & Sales

New Chapter Founders' Vision Limited, Voice Stifled Under Parent Firm P&G

New Chapter founders Paul and Barbi Schulick leave and sever ties with parent firm Procter & Gamble six years after their company providing herbal products to US health food and vitamin stores was acquired by the global consumer health, personal and household care products marketer. Nature's Bounty adds Don Kerrigan, formerly in charge of US OTC drug marketing for Bayer and Pfizer, as its president for North America.

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