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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

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Latest From Regulation

Elections Reshape Congress But Not Supplement Industry Regulatory Outlook

Democrats potentially could target tightening regulatory oversight of some industries after regaining a majority in House, but Trump administration's high priority on reducing regulatory burdens bodes well that legislation to expand FDA's current authorities over the US supplement sector will not emerge before Congress' next session opens in 2021. NJ Democrat Frank Pallone could be member of Congress most commonly mentioned and lobbied by supplement industry during next session as Energy and Commerce chairman.

Regulation Dietary Supplements

Economic Adulteration Underscored In GAO Memory Supplements Study

Audit finds two of three memory supplements tested contain none or lower levels of active supplement than stated on labeling. In a report for current and previous  ranking minority members of Senate Special Committee on Aging, GAO points to continuing issues with economic adulteration for gingko biloba.

Dietary Supplements Regulation

Mosquito Repellent Promotion Tumbles On Undisclosed Paid Social Media Plugs By US Olympic Gymnasts

FTC proposes settlements with marketing and public relations firm Creaxion and Inside Publications over regulatory violations in advertising for Fit Organic Mosquito Repellent including failing to disclose US Olympic gymnasts as paid social medial endorsers and misrepresenting that paid commercial ads are opinions from an independent or objective publishers or sources.

Commercial Regulation

Cosmetics Recalls For August-October Period Have One Familiar Thing In Common: All Were Voluntary

Under current cosmetics regulations FDA does not have the authority to order product recalls, as it does in the dietary supplement space, for example. Voluntary cosmetic recalls have been typically light in recent months, most often citing microbiological issues.

Regulation FDA

Metric Weights For Probiotics Mislead But CFUs Inform, Say Industry Groups

Council for Responsible Nutrition, Consumer Healthcare Products Association and Natural Products Association urge FDA to allow colony forming units on probiotic product labels while nixing current labeling regulation’s allowance of metric weight, as the measurement does not reflect live microbials.

Dietary Supplements Regulation

FDA Plans Consumer Survey To Better Understand Cosmetics Allergy Prevalence

The agency will accept public comment for 60 days on its proposed survey to gain insight into “consumer use of cosmetic products, the frequency of adverse events believed to be caused by allergens in cosmetics, consumer awareness of the problem, and actions (if any) taken to avoid the allergens.”

FDA Regulation
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Legislation

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Latest From Legislation

116th Congress Could Test Cosmetic Industry’s Commitment To Reg Reform, Preemption Viability

With Democrats in control of the House and New Jersey Rep. Frank Pallone in line for chair of the Energy & Commerce Committee, cosmetics regulatory reform legislation could receive even more attention in the 116th Congress than in the current session. The new climate could test how serious big business is about embracing large-scale changes as well as lawmakers’ openness to federal preemption. 

Legislation United States

Elections Reshape Congress But Not Supplement Industry Regulatory Outlook

Democrats potentially could target tightening regulatory oversight of some industries after regaining a majority in House, but Trump administration's high priority on reducing regulatory burdens bodes well that legislation to expand FDA's current authorities over the US supplement sector will not emerge before Congress' next session opens in 2021. NJ Democrat Frank Pallone could be member of Congress most commonly mentioned and lobbied by supplement industry during next session as Energy and Commerce chairman.

Regulation Dietary Supplements

European Trade Groups To Cosmetics Firms: Be Prepared For ‘No Deal’ Brexit

The UK is converting the EU’s Cosmetics Regulation and REACH into UK law, holding out hope that mutual interests will yield an arrangement for “frictionless trade.” However, the Cosmetic, Toiletry and Perfumery Association notes “the political landscape is very uncertain.”

Legislation Policy & Regulation
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Legal Issues

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Latest From Legal Issues

Avon Discriminates Against Pregnant, Nursing Employees – Class Action Complaint

Former Avon employees claim they faced discrimination, even harassment, and ultimately were terminated due to their pregnancies and requests for accommodation. Both Avon Products, Inc. and its carved-out North American business, New Avon, are named as defendants in the putative class action, which seeks injunctive relief and damages for alleged economic, emotional and reputational injuries.

Legal Issues Companies

Mosquito Repellent Promotion Tumbles On Undisclosed Paid Social Media Plugs By US Olympic Gymnasts

FTC proposes settlements with marketing and public relations firm Creaxion and Inside Publications over regulatory violations in advertising for Fit Organic Mosquito Repellent including failing to disclose US Olympic gymnasts as paid social medial endorsers and misrepresenting that paid commercial ads are opinions from an independent or objective publishers or sources.

Commercial Regulation

ThermoLife Tries To Flex Litigation Muscle Against Nitrate Marketers In False Advertising Complaints

ThermoLife International files two false advertising complaints alleging competitors also marketing nitrate-based workout products deceive consumers and disparage its business. The company is seeking damages after setbacks in patent infringement complaints.

Dietary Supplements Commercial
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