California Demon: Taming the Risks of CARB and Prop 65
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.
Greg SperlaPartnerDLA Piper
9:30 - 10:15 AM
Negotiating the USMCA & How a Trade Agreement Became an Effective Tool for Advancing Good Regulatory Practices
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.
Darren PraznikPresident & CEOCosmetics Alliance Canada
10:15 - 10:30 AM
Coffee Break
10:30 - 11:15 AM
State of the States: An Overview of State Cosmetic Regulatory Requirements
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.
Angela DieschAmin, Talanti, Wasserman, LLP
11:15 AM - 12:00 PM
Toxic Chemicals and Plaintiff Attorneys: What’s on the Horizon?
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.
John GardellaPartnerCMBG3
12:00 - 1:30 PM
Lunch and Virtual Keynote
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.
1:30 - 2:00 PM
A Brave New World: Balancing Advancement in Skin Health with Evolving Regulatory and Litigation Risks
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.
Raqiyyah PippinPartnerArnold & Porter
2:00 - 2:45 PM
Say what? Advertising and Claim Substantiation Considerations
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.
Marietta JoGeneral CounselSupergoop!
Annie M. UgurlayanAssistant DirectorNational Advertising Division of BBB National Programs, New York
2:45 - 3:15 PM
The Clean Beauty Movement: Regulatory and Litigation Pitfalls to Avoid
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.
Kristine KrugerSenior CounselPerkins Coie
6:00 - 7:30 PM
Evening Reception
Sponsored by DLA Piper
May 11, 2023
8:00 - 8:30 AM
Registration and Breakfast
8:30 - 9:15 PM
Understanding PFAS and Cosmetics
This presentation will focus on the history and basic science of PFAS, review recent legislative and regulatory developments concerning PFAS in cosmetics, and highlight recent class action litigation and expected future litigation trends. If you are wondering whether your products might contain PFAS (as broadly defined by legislatures) or how to appropriately test for them, then this panel is for you as Will sets forth the basics for assessing and mitigating PFAS risks.
Will WagnerShareholderGreenberg Traurig
9:15 - 10:00 AM
Beauty and the Beast: Examining New Lawsuit Theories in the Personal Care Space
From digital makeup counters to online purchases, consumers are shopping in new ways that put companies at risk due to the novel approach of the plaintiffs’ bar filing lawsuits, which are not part of product liability. Whether its virtual try-ons, allegations of being duped by marketing campaigns, nuisance claims or biometrics, this panel will outline evolving approaches being used by plaintiff’s lawyers to create new revenue sources at the expense of personal care companies.
Laurie HenryPartnerShook, Hardy, Bacon
Phil GoldbergManaging PartnerShook, Hardy Bacon, LLP, Washington, D.C.
John Johnson IIISenior CounselShook Hardy, Bacon LLP, Washington, D.C.
10:00 - 10:15 AM
Coffee Break
10:15 - 11:15 AM
Update on Global Environmental Regulatory Initiatives
In recent years, governments around the world have introduced major initiatives to promote environmental sustainability and a circular economy. These include the EU Green Deal, Europe’s comprehensive “moonshot” program to become the first climate neutral continent by 2050; measures affecting packaging; expansive EPR requirements; and many more. This panel of cosmetics industry association leaders will provide information and insights about the environmental regulatory developments in their regions and how the global cosmetics industry is responding.
Francine LamorielloExecutive Vice President, Global StrategiesPCPC
Carlos BerzunzaPresidentCASIC
Darren PraznikPresident & CEOCosmetics Alliance Canada
Gerald RennerDirector Technical Regulatory & International AffairsCosmetics Europe
11:15 - 11:45 AM
Understanding Canada's VOC Regulations
As countries around the world seek to improve air quality through reduced VOC emissions, it is important to be aware of any requirements or differences that impact your company. Mary Ellen Perkin will provide an overview of Canada’s new VOC rulemaking and highlight specific areas of concern for the personal care industry.
Mary Ellen PerkinManagerConsumer and Cleaning Products, Environment and Climate Change
11:45 AM - 12:00 PM
Coffee Break
12:00 - 12:45 PM
Pack It In: Navigating State Packaging Laws in a Changing Environment
The last few years has seen a dramatic uptick in state laws around packaging. From claims and labeling to PCR mandates to EPR stewardship, companies are increasingly being asked to mitigate the environmental impacts of their product packaging. Our speaker will provide an overview of these new regulatory requirements and what companies can expect going forward.
1:00 - 2:00 PM
Grab N' Go Lunch
6:00 - 8:00 PM
Offsite Reception
Manoir Montmorency.
Sponsored by Arnold & Porter
May 12, 2023
8:00 - 8:30 AM
Registration and Breakfast
8:30 - 9:15 AM
MoCRA History and Provisions
Karin RossExecutive Vice President, Government Affairs and Strategic InitiativesPCPC
Wade AckermanPartnerCovington & Burling LLP
9:15 - 10:00 AM
MoCRA Implementation
Jessica P. O’ConnellPartnerCovington & Burling LLP