From its sunny beaches, scorching desserts and snowy mountains, California is known for its natural diversity. Two the state’s most infamous consumer product laws, Proposition 65 and CARB’s Consumer Product Regulation, are also diversifying. While Prop 65 is adding new regulations and adopting new trends, often resulting in onerous and costly lawsuits, CARB is also looking at new enforcement opportunities. In his presentation, Greg Sperla, DLA Piper LLP, will cover key topics and practical strategies to minimize risks, including the outlook on proposed Prop 65 regulations, recently and soon-to-be listed chemicals and the focus in CARB enforcement.

As an industry that is highly integrated across borders, the renegotiation of the North American Free Trade Agreement between the U.S., Canada and Mexico was critical to our industry, as well as an opportunity to advance the agenda of regulatory alignment and good regulatory practices. Working collaboratively, our trade associations in the three countries were able to advance a common industry agenda which resulted in highly beneficial “first ever” provisions in the new agreement.

Cosmetics Alliance President Darren Praznik will provide insight into how the industry worked together and successfully advanced its agenda in the negotiating process, as well as how the new provisions are being used to “push back” on legislative and regulatory overreach which undermines sound regulatory practices.

The positive lessons learned from the USMCA experience can be usefully applied today to many of the regulatory and legislative challenges facing our industry and guide industry participation in future trade negotiations.

Many U.S. states have stepped in to fill the vacuum on consumer protection, health and wellness and similar issues resulting from the U.S. federal government’s lack of action. From Hawaii to New York, our expert speaker will look at how state legislation and regulation are impacting your industry, including recent activity such as ingredient bans, allergen reporting, VOC emission limits, and more.

This session will examine several chemicals of concern from regulatory, legislative and litigation lenses, including why companies should consider each to be legal and financial risks. Recent developments for the chemicals of concern will be detailed, including predictions on when each chemical is likely to become a litigation risk. The topic will also explain whether the legal risks will involve environmental pollution or personal injury lawsuits (or both). Finally, the session will describe how class action lawsuits with respect to emerging chemicals of concern will be linked to ESG and greenwashing trends.

With the recent enactment of MoCRA and the proposed realignment of CFSAN that would relocate OCAC to the Office of Chief Scientist in the Commissioner’s office, significant changes are occurring at the FDA. With an insider’s perspective on these changes, Linda Katz, M.D., director, FDA Office of Cosmetics and Colors, will offer insights into what the regulated community can expect in the months and years to come. 

As consumers become increasingly interested in the health of their skin, there is also ever-increasing opportunity (and risk) for companies formulating new products to meet consumer needs. Raqiyyah Pippins, Arnold & Porter, will discuss skin health-related trends and how companies can manage regulatory and consumer class litigation risks while developing products.

As companies consider what claims can be made about their cosmetics and personal care products, it is important to know the rules of the road. Companies are facing increasingly “informed” consumers whose understanding of particular claims may differ from that intended by the manufacturer. What is “natural,” “organic” or “free of”? Expert panelists will focus on how to properly navigate the panoply of challenges companies face in advertising their products and truthfully informing consumers.

As consumer demand for “clean,” “green” and “natural” personal care products soars, it is important to mitigate the risks of both regulatory enforcement and private litigation. During this session, Kristine Kruger, Perkins Coie, will discuss the changing regulatory landscape and recent litigation trends in the “eco-friendly” beauty space. Topics will include potential updates to the FTC’s Green Guides, new FDA warning letters on labeling claims and deceptive advertising, compliant product labeling, claim substantiation and potential defenses to “clean”-related litigation. 

Sponsored by DLA Piper