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Regulation and Law

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What’s In A Name? Babyganics Settles False Advertising Allegations To Tune Of $2.2M

The SC Johnson brand can continue to use the name Babyganics as long as it specifies on product labeling which ingredients are organic, and which aren’t, per a pending class action settlement in New York’s Southern District. The company also has agreed to sunscreen batch testing for a three-year period to verify the authenticity of SPF claims.

Legal Issues Consumer United States

NAD: Sea & Ski Sunscreens May Go ‘Beyond UV,’ But Not To Infrared Zone

Cross Brands Manufacturing’s stingily hand-picked in vitro test results for Sea & Ski sunscreens do not demonstrate a clear, consumer-relevant infrared protection capability, let alone show that IR defense translates to meaningful skin-health benefits, according to the National Advertising Division’s Sept. 7 decision.

Advertising, Marketing & Sales Regulation Consumer

California’s SB 1249 Could Plant Seeds For New Plaintiff Cottage Industry

The Cruelty-Free Cosmetics Act, passed Aug. 31, conceivably could give rise to consumer suits alleging violation of California’s Unfair Competition Law due to companies’ alleged use of prohibited animal testing to develop cosmetic products or substantiate their safety. Regardless, claiming exemptions under SB 1249 promises to be risky business with limited rewards.

Legal Issues US States State News
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Regulation

Set Alert for Trademarks Regulation

Latest From Regulation

Sea & Ski, Back On Sunscreen Scene, Slapped By Rival Who Never Left

Sea & Ski’s infrared protection claims read as a bold grab for competitive leverage after its disappearance from the market for more than a decade. But old rival Coppertone isn’t sitting idly by.

Advertising, Marketing & Sales Regulation

Health, Beauty And Wellness Regulatory News: Warnings, Alerts, Recalls

Fourth recall of homeopathics linked to contaminated water; FDA posts alerts about Texas coop's products; and warnings note drug claims, GMP problems, same-site drug production.

United States US States

Hemp Product Market Future Backed By McConnell, Fate Depends On Farm Bill

The surprising support of Senate majority leader Mitch McConnell is integral to the success of a provision in legislation to reauthorize USDA programs that would clarify hemp's removal from the federal list of controlled substances and ease limits on its production in the US. Meanwhile, Charlotte's Web Holdings' recent $100m IPO is a strong sign of investors' confidence in the future market for hemp products.

United States US States

Warnings On Kratom Opioid Withdrawal Claims Mark Tip Of FDA Concerns

Marketers' websites and product labels stated other noncompliant claims that render their products unapproved new drugs, but references to opioid withdrawal treatment got FDA Commissioner Scott Gottlieb's attention. "Despite our warnings and previous regulatory and enforcement actions, we continue to find marketers actively selling kratom with unsubstantiated claims," Gottlieb says.

United States Advertising, Marketing & Sales

FDA Scientists Give Leadership High Marks; Some Worry About Industry Influence

Union of Concerned Scientists' survey finds 65% of 354 respondents feel their direct supervisors back them on politically contentious positions; Commissioner Gottlieb gets glowing reviews.

FDA BioPharmaceutical

FDA OK With Probiotic Weight CFUs In Supplement Facts Labels, For Now

Until CFSAN decides whether to engage in a rulemaking to amend FDA's supplement labeling regulation, it intends "to exercise enforcement discretion for those firms that choose to declare the quantitative amount of live microbial ingredients in the Supplement Facts label by CFUs in addition to weight," according to draft guidance.

United States Advertising, Marketing & Sales
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Legislation

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Latest From Legislation

Farm Bill Would Boost USDA Organic Program Funding, Supply Chain Safety

Five-year reauthorization of USDA programs is controversial on numerous fronts because of its breadth. It includes programs from federal crop insurance to the Supplemental Nutrition Assistance Program, which accounts for 80% of the total spending. "As an industry, we need to be out there demonstrating support for the farm bill and why it’s so important for farmers to have that stability and consumers as well,” says Organic Trade Association executive Megan DeBates.

United States US States

Hemp Product Market Future Backed By McConnell, Fate Depends On Farm Bill

The surprising support of Senate majority leader Mitch McConnell is integral to the success of a provision in legislation to reauthorize USDA programs that would clarify hemp's removal from the federal list of controlled substances and ease limits on its production in the US. Meanwhile, Charlotte's Web Holdings' recent $100m IPO is a strong sign of investors' confidence in the future market for hemp products.

United States US States

CFI Sets Sights On US, Global Bans To ‘Close The Door’ On Cosmetic Animal Testing

California’s passage of the Cruelty-Free Cosmetics Act could trigger a state-level domino effect leading to a federal ban, according to Cruelty Free International’s North America Campaign Manager Monica Engebretson. Meanwhile, the NGO will continue to push for a global ban through the United Nations.

Animal Testing Legislation
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Legal Issues

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Latest From Legal Issues

Beauty Device Brands Take Heed: Ulthera Fraud Suit Rooted In ‘FDA-Approved’ Versus ‘FDA-Cleared’

The terms “FDA-approved” and “FDA-cleared” are not interchangeable; rather they denote distinct premarket regulatory pathways for medical devices with differing levels of FDA endorsement. Merz’s Ulthera unit recently failed to dismiss a false-advertising class action challenging its “FDA-approved” claims on an ultrasound system used in clinical settings for line and wrinkle treatment.

Legal Issues Consumer

California’s Cruelty-Free Cosmetics Act Makes New Ingredients Officially Endangered

It’s debatable the extent to which SB 1249, now headed to the governor’s desk, will improve animals’ lot, but cosmetic ingredient innovation is almost certain to suffer. Industry could escalate efforts behind alternative methods development, or there’s another possible solution: federal preemption.

Legislation Legal Issues

California Passes Cruelty-Free Cosmetics Act: Now Friendlier To Industry, Still A Legal Minefield

Late-stage, industry-driven amendments to SB 1249 eliminated terms that could have made companies liable for animal testing entirely outside their control. The bill that passed Aug. 31 is still rife with legal risks for companies that claim exemptions, according to Sacramento-area attorney Angela Diesch.

Legislation Legal Issues
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