This panel will examine the crossover between products liability and consumer class actions and explain how these issues overlap from a legal and scientific perspective.

The advertising landscape continues to evolve rapidly, and the only constant is the importance of keeping up with shifting regulatory and legal landscapes. As companies consider labeling and advertising claims for their cosmetics and personal care products, it is imperative to understand the contemporary legal issues and challenges brought by regulators, competitors, and the plaintiffs’ bar. This session will address current advertising-related challenges and litigation, including governmental authority actions, NAD challenges and plaintiff’s claims; provide insight on future trends; and discuss marketing compliance strategies to reduce the risk of consumer class actions, competitor challenges and regulatory enforcement.

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The implementation of the Modernization of Cosmetics Regulation Act is likely the most significant force shaping the future of our industry. Remaining engaged in this process is imperative not only to ensure your company’s compliance today, but also to understand how our industry will operate tomorrow. MoCRA has come a long way even since the first provisions took effect late last year, and there is also a great deal still coming down the pike. This session will break down what we’ve seen thus far from the FDA and the insights we’ve picked up along the way. The session will also discuss what’s on the horizon and what to expect in the coming months.

This session will explore hot topics relating to advertising through influencers and social media, with a particular focus on state legislation targeting advertising to children, best practices for and obligations relating to influencers and other endorsements, and what to expect in the coming year on these issues.

Artificial intelligence (AI) brings new opportunities to how personal care products companies can effectively conduct business, engage with consumers, and develop and market products. This session will highlight key legal and regulatory considerations for personal care products companies when deploying AI throughout their operations, including relevant consumer protection laws, the need for transparency, potential liability for malfunctioning AI, ethical standards and the continued importance of protecting privacy and intellectual property rights.

As the proliferation of laws and regulations that impact the personal care industry continues in the Golden State, this session will provide a comprehensive update on important developments under California law, as well as related litigation. The topics to be covered include Prop 65 trends, PFAS laws, Safe Cosmetic Program updates and recycling claims/EPR issues. Because California law continues to be the lowest common denominator on many important product regulations, the session will also forecast what may be future significant legal issues coming out of the state.

Every week, the PFAS litigation and regulatory landscape changes dramatically. The EPA presses forward full steam ahead with numerous PFAS regulations, while the states have proposed hundreds of pieces of legislation related to PFAS in the last three years. Meanwhile, class action litigation, environmental pollution litigation, and greenwashing litigation are filed at dramatically increasing numbers year after year against companies. This discussion will provide the latest on all regulatory and litigation issues related to PFAS and how they will impact the PCPC community. The session will also touch on other business risks related to PFAS (e.g., consumer demands, competition, supply chain issues, etc.) and legal perspectives on how to navigate them.