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Regulation/Legislation (Cosmetics)

Regulation

Set Alert for Regulation (Beauty)

Latest From Beauty & Regulation

US FDA May See Second Straight Year of Non-User Fee Funding Cuts From Congress

The House Appropriations Agriculture, Rural Development, and FDA Subcommittee advanced the FDA’s fiscal year 2025 funding bill, beginning a likely long and difficult budget cycle. 

FDA Legislation

NDAC Among US FDA Advisory Committees With Slot Open For Voting Consumer Representative

FDA asks for nominations for voting or non-voting consumer members of its advisory committees. Also wants to hear from consumer organizations interested in participating in selecting consumer representatives for its advisory committees or panels.

Advisory Committees Prescription To OTC Switch

Formaldehyde Hair-Smoothing Ban Still ‘High Priority’ For US FDA Despite Proposed Rule Delay

Amid organizational and leadership changes and numerous competing high priorities, the FDA’s planned Notice of Proposed Rulemaking to ban formaldehyde-containing hair-straightening products has been pushed from April to July 2024. An agency spokesperson provided an update on related activities, which are being closely watched by NGOs, state-level policymakers, and industry stakeholders.

FDA Regulation

MoCRA Registration Last Call: FDA’s Enforcement Discretion Coming To An End

The US Food and Drug Administration is ending enforcement discretion for facility registration and product listings in less than a month, so stakeholders that still have not registered should act immediately and consult retailers about their policies regarding MoCRA compliance, says the Independent Beauty Association. EAS Consulting's John Bailey also weighs in.

Regulation Cosmetics

US FDA Reorganization Branches Out Supplement Industry Regulation, Adds Enforcement Unit

Finished product following Reagan-Udall food safety programs review establishes Human Foods Program in commissioner’s office while also realigning centers, offices and divisions across agency to improve collaboration with regulatory affairs, which conducts facility inspections and other field operations.

FDA Leadership

Resolving US Hemp Dilemma Takes Detour As House Starts Farm Bill Re-Authorization Journey

Where a US hemp product firm stands on whether de-scheduling the botanical as a controlled substance in the 2018 farm bill left a loophole allowing chemically derived and potentially intoxicating cannabinoid strains to qualify could determine whether it agrees with the detour.

Cannabidiol CBD Legislation
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Legislation

Set Alert for Legislation (Beauty)

Latest From Beauty & Legislation

US FDA May See Second Straight Year of Non-User Fee Funding Cuts From Congress

The House Appropriations Agriculture, Rural Development, and FDA Subcommittee advanced the FDA’s fiscal year 2025 funding bill, beginning a likely long and difficult budget cycle. 

FDA Legislation

US FDA Reorganization Branches Out Supplement Industry Regulation, Adds Enforcement Unit

Finished product following Reagan-Udall food safety programs review establishes Human Foods Program in commissioner’s office while also realigning centers, offices and divisions across agency to improve collaboration with regulatory affairs, which conducts facility inspections and other field operations.

FDA Leadership

Resolving US Hemp Dilemma Takes Detour As House Starts Farm Bill Re-Authorization Journey

Where a US hemp product firm stands on whether de-scheduling the botanical as a controlled substance in the 2018 farm bill left a loophole allowing chemically derived and potentially intoxicating cannabinoid strains to qualify could determine whether it agrees with the detour.

Cannabidiol CBD Legislation

AI And Postmarket Surveillance: A Signal To Noise Challenge

The ability to quickly scour the internet for comments on drugs may make it challenging to weed out true adverse events from junk as Senate Republicans consider AI-related changes to FDA's authority.

Artificial Intelligence Legislation

House Draft Farm Bill Narrows Hemp Definition While Industry Juggles States' THC Levels

Ag committee members in 23 May markup likely to broach topic of delta-9 THC limit for hemp. Since hemp was de-scheduled in 2018, cannabinoids other than delta-9 but with psychoactive effects have become leading sales drivers. “Most states now have legal marijuana programs, they just don't know it,” says cannabis industry attorney.

Cannabidiol CBD Legislation

Clarifying Marijuana’s Use As Medical Drug In US Won’t Clear Cloud Over Pathway For Hemp’s Use

DEA NPRM to move marijuana from CSA Schedule I to Schedule III says synthetically derived THC “is outside the CSA’s definition of marijuana” and “will remain in Schedule I.”  Synthetically derived THC includes copies of ingredients derived from cannabis plants which qualify as hemp by containing no more than 0.3% delta-9 THC concentration by dry weight and are common in supplements and food available in US.

Regulation Cannabidiol CBD
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Litigation

Set Alert for Litigation (Beauty)

Latest From Beauty & Legal Issues

California Court Delivers ‘Win’ For Cosmetics Companies In Prop 65 TiO2 Case

Proposition 65 titanium dioxide lawsuits have been halted by a ruling in California in a First Amendment case, which could bode favorably for other scientific challenges to mandated warning labels.

Legal Issues Cosmetic Ingredients

Cosmetic Or Drug? Prostaglandin Analogs Are Growing Eyelashes (And Legal Risks)

Elixir Cosmetics has reached a $2.3m settlement with US consumers in California state court over alleged violations related to isopropyl cloprostenate use in Babe Lash and Babe Brow offerings. On 5 May, plaintiffs making similar allegations filed suit against the company in New York federal court.

Legal Issues United States

Beauty Firms Should Draft AI Use Policies, Even If They Don’t Plan To Use AI – Attorney

Beauty and personal-care companies should draft an artificial intelligence use policy as soon as possible, regardless of their AI plans, given its ubiquity and the potential for employees to use it on their own, says Melanie Howard, partner at Loeb & Loeb LLP.

Legal Issues Compliance

California Court’s Inaction On TiO2 Prop 65 First Amendment Case Breeds New Lawsuits

The Personal Care Products Council seeks to stem the rising tide of titanium dioxide Proposition 65 lawsuits, requesting that a California court prohibit the state’s Attorney General and private enforcers from filing and/or prosecuting new suits against cosmetics companies failing to warn about potential TiO2 exposure.

Legal Issues US States

AI Advancing Quickly, But Same FTC, IP Rules Apply – Attorney

Artificial intelligence opportunities are on the rise for marketers, including in the beauty and personal-care sectors. Reed Smith partner Stacy Marcus offers advice on staying compliant with US consumer protection and copyright laws in this rapidly changing world.

Artificial Intelligence Legal Issues

L’Oreal Joins J&J And Major Retailers Defending Benzene Class Actions In Federal Courts

Benzoyl peroxide-based acne drug products and their alleged proclivity to become contaminated with carcinogenic benzene are at the center of putative class actions filing against L’Oreal in federal courts around the US.

Legal Issues Ingredients
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