- About Us
- Practice Areas
- Our Clients
- Law Library
- Contact Us
The FDA may be ramping up enforcement against cosmetics marketers the agency says are making claims that move their products out of the cosmetics category and into the drug category. With notices sent October 5 to Avon Products and Bioque Technologies, the FDA now has issued seven warning letters since June, citing what it says are drug claims “associated with topical skin care, hair care, and eyelash/eyebrow preparations, noted on both product labeling and Web sites.”
Steve Richards will help attendees at the Oct. 19-20 Direct Selling Symposium in Salt Lake City learn about the essential legal bases that new direct selling companies must cover at launch. He will cover what regulators are looking for and how to avoid their unwanted attention, and how to monitor distributors and run a compliance program that will help to shield the company from any negative fallout due to the actions of their distributors.
POM Wonderful lost the latest round in its lawsuit claiming the Federal Trade Commission’s enforcement of advertising rules and regulations exceeds its authority and violates POM Wonderful’s First and Fifth Amendment rights when a Federal district court judge in Washington DC dismissed POM’s suit.
However, U.S. District Judge Richard Roberts did not address those issues in the September 30 decision. Instead, he agreed with the FTC that “declaratory relief is not proper because a declaratory judgment would not fully resolve the controversy between the parties.”
The Federal Trade Commission has released an updated version of the “Green Guides,” also known as 16 CFR Part 260: Guides For the Use of Environmental Marketing Claims. The revision modifies and clarifies sections of the previous Guides, and adds new sections, based on input from both consumers and industry.
The new sections cover carbon offsets, “green” certifications and seals, and claims regarding being “free-of” specific substances, being non-toxic, being made with renewable energy and being made with renewable materials.