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Section: Regulations > Claims/Labeling

Product safety is paramount for fast-moving consumer goods such as cosmetics and personal care products. Recent recalls and class action suits highlight this fact.

Benzene, Methanol and Lead Headline Recent Class Actions and FDA Alerts

Methanol in hand sanitizers and lead in a baby skin care are cited in the latest U.S. Food and Drug Administration recall notices, while benzene content in dry shampoo and spray sunscreens persists among class action suits. Following is a roundup.

As of March 20, 2023, the U.S. Department of Agriculture's (USDA's) Strengthening Organic Enforcement (SOE) final rule goes into effect, tightening the oversight and enforcement of the production, handling and sale of organic products.

Tighter Rules Now in Effect for USDA Organic Seal of Approval

The goal is to protect integrity in the organic supply chain and build trust in the USDA organic label by strengthening organic control systems, improving farm to market traceability and providing robust enforcement of USDA Organic regulations.

While some (if not many) of these allegations may be unfounded or misguided, it underscores the critical role of safety and toxicity testing even under non-typical product use conditions.

Unilever, J&J, Olaplex and L'Oreal Still Treading Legal Waters Over Lilial, Benzene

Olaplex, Redken, OGX, Dove, Nexxus, Suave, Tigi and Tresemmé brands are still making headlines as they tread legal waters over alleged Lilial and benzene content. Following are recent updates.

The company maintains it received an exemption from the animal testing requirement. The plaintiffs claim no records of such have been located.

John Paul Mitchell Hit with Suit Alleging False 'No Animal Testing' Claim

John Paul Mitchell Systems is facing a class action suit alleging its "no animal testing" promise was broken to meet regulatory requirements in China to gain access to the market.

These examples clearly call into question what it means to consumers when they see the 'reef friendly' claim on a label.

'Reef Friendly' Claims Put Hain Celestial, Hawaiian Tropic in the Hot Seat

While Edgewell's Hawaiian Tropic sunscreen was dismissed from the alleged deceptive claim of "reef friendly," Hain Celestial's Alba Botanica is still in the hot seat. How are reef safe claims being interpreted?

Germany, Denmark, the Netherlands, Norway and Sweden have submitted a proposal to restrict per- and polyfluoroalkyl substances (PFAS) under REACH. The ECHA will publish the detailed proposal, reportedly one of the broadest in the EU’s history, on Feb. 7, 2023.

ECHA Adds to Hazardous Chemicals List, Reviews PFAS and Classification Proposals

The ECHA has added one cosmetic-related ingredient to the "hazardous" list, and received a five-nation proposal to restrict PFAS and three intentions/proposals to harmonize classification of cosmetic-related substances. See which ones are named.

If you have registered under the Voluntary Cosmetic Registration Program (VCRP), you may be covered for the initial registration. However, cosmetic product registrations must be updated annually. New products must be registered within 120 days of introduction into interstate commerce.

7 Implications of the Modernization Act for Cosmetics

President Biden signed HR 2617 into law. What does this mean for cosmetic manufacturers? "A lot," according to Steinberg & Associates. The 1,653-page bill includes 14 pages on cosmetics. Read on to learn more.

The guidelines include how consumers are likely to interpret particular claims and how marketers can substantiate these claims to avoid deceiving consumers.

Avoid Deceptive Eco Claims by Helping FTC Shape the Green Guides

The commission is seeking public comment to update the guidelines. This move is based on increasing consumer interest in buying environmentally friendly products.

The lawsuit reportedly seeks unspecified damages for purchasers of the products nationwide.

Report: L'Oreal Facing Lawsuit Over Collagen Products Claims

The plaintiffs claim the brand deceived them into overpaying for its Collagen Moisture Filler Day/Night Cream and its Fragrance-Free Collagen Moisture Filler Daily Moisturizer by suggesting they help smooth wrinkles, according to Reuters.

Bayer, Beiersdorf Pay Out $2.3 M for Coppertone False Ad Suit

Coppertone sunscreen was flagged in 2021 for containing benzene, for which 12 lots of spray products were recalled. Now, Bayer Healthcare and Beiersdorf will pay $2.3 million in a class action suit alleging false advertising of the product's safety.

Unregistered foreign cosmetics imported for resale require prior recordation with China's FDA and must follow the related labeling provisions.

3 Paths to Secure Enforcement Against Parallel Chinese Cosmetic Imports

Although parallel cosmetic imports do not violate Chinese trademark law, a recent report in the National Law Review outlined three approaches businesses can take to secure enforcement action against unconsented resales.

In this article, the author outlines important questions formulators should ask in terms of background information for the botanical ingredients they are sourcing. Example ingredient choices also are flagged that may cause unforeseen problems related to the clean, ethical and responsible beauty movements.

Keeping Cosmetics in Check: Where the Proverbial ‘Buck’ Stops in Botanicals

In this article, the author outlines important questions formulators should ask in terms of background information for the botanical ingredients they are sourcing.

The MyMicrobiome Standard certification for JD Jojoba Oil and JD Lusteris guarantees a microbiome-friendly product for the skin.

Jojoba Desert Ingredients Achieve MyMicrobiome Standard Certification

The MyMicrobiome Standard certification for JD Jojoba Oil and JD Lusteris is said to guarantee a microbiome-friendly product for the skin.

A lack of current U.S. federal regulations on sustainability claims has led to companies making environmental claims that are misleading or unsubstantiated.

How Some Companies May be ‘Blue-washing’ Sustainable Claims

A lack of current U.S. federal regulations on sustainability claims has led to companies making claims of environmental action that are misleading or unsubstantiated.

'Nowhere on the oil-free product packaging does defendant inform consumers that the oil-free products contain oil,' the complaint stated.

[Updated] 'Oil-free' Cosmetics Suit vs. Target Dismissed, Mostly

According to a report by Law360, a proposed class action suit claiming retailer Target misled consumers over claims of 'oil-free' cosmetics was dismissed in 12 of 13 instances by an Illinois federal judge.

When consumers noticed reformulations of select Honey Pot SKUs, misinformation proliferated online.

Breaking Down The Honey Pot Reformulation Controversy

When reformulated products landed on shelves, social media posts proliferated, calling out the brand for the unannounced updates to the ingredient composition and spreading misinformation about the company having been sold.

The Microbiome Friendly+ Seal of Approval is the first certification seal from Labskin.

Labskin Introduces Microbiome Friendly+ Seal of Approval

The certification seal ensures the product has a neutral effect on the skin microbiome.

The company responded stating its entire sun-care range is free of the two ingredients that are harmful toward reefs: oxybenzone and octinoxate.

Bondi Sands 'Reef Friendly' Sunscreen Hit with Class Action Suit

The class action suit in the United States alleges the company's sunscreens claim to be "reef friendly" while they are harmful to the environment.

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