The revision of the European Union’s Urban Wastewater Treatment Directive (UWWTD) presents significant legal and regulatory challenges for the cosmetics sector. A legal challenge is currently underway pointing to a discrepancy in the Directive’s impact assessment which targets only the cosmetics and pharmaceutical sectors as responsible for the cleanup and associated costs, estimated in billions of Euros. During this session, we will review the regulatory and legal advocacy paths to find a more equitable allocation of financial responsibilities among all sectors contributing to pollution.

Presenters:
Jean-Philippe Montfort
Partner, Mayer Brown

Gerald Renner
Director, Technical Regulatory & International Affairs, Cosmetics Europe

Moderator:

Katherine Bedard
Director, International Trade and Regulatory Affairs, PCPC

States such as California continue to fill the gap left by Congress in promoting recyclable packaging standards by implementing mechanisms such as Extended Producer Responsibility (EPR) and Post-Consumer Recycled Content standards. This session reviews those state-level rules, identifies the important inconsistencies amongst the states on EPR, and discusses the personal care industry’s challenges around recyclability. We will also cover, the related topic of state-level greenwashing laws, such as California’s Truth in Recycling Act, which will prohibit the chasing arrows symbol and other implications of recyclability except on packaging that regulators determine to be recyclable.

Presenters:

Will Wagner
Shareholder, Greenberg Traurig

Jacqueline Liou
VP, Regulatory Affairs & External Relations, LVMH

Per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” have been used in personal care products for long-lasting, waterproof formulations, to condition hair and skin, and to improve product texture, among others. In recent years, PFAS have come under intense regulatory and consumer scrutiny due to their environmental persistence and potential health risks, leading to a surge in class actions involving PFAS in consumer products over alleged violations of state consumer protection laws.

In this interactive session, speakers will lead attendees through a mini table-top exercise to address key challenges personal care companies face today:

• What regulations and new state laws governing PFAS should I be aware of?
• Should I test my product for PFAS? Should I engage a consulting expert?
• If my product contains PFAS, how can I reduce litigation risk?
• Is insurance an option?
• How do I get supply chain attestations from reluctant suppliers?
• What should I tell stakeholders if an environmental group finds PFAS in my product?

Attendees will gain insights into the evolving regulatory landscape, legal risks, and strategies for public relations and crisis communications, handling consumer inquiries, and communications with retailers.

Presenters:

Krista S. deBoer
Partner, Morrison Foerster

William F. Tarantino
Partner, Morrison Foerster 

Innovation drives the beauty industry, from cutting-edge formulations and proprietary ingredients to advanced skincare technologies. However, safeguarding these innovations through patents and trade secrets is becoming increasingly complex as competition intensifies and regulatory landscapes evolve. This session will cover recent IP disputes, best practices for navigating patent applications, and how to enforce trade secret protections in a digital and globalized market.

Presenters:

Jennifer Rea Deneault
Partner, Groombridge, Wu, Baughman & Stone LLP

David Joyal
Vice President, Legal, Global Supply and Patents, Coty Inc.

As consumers have become increasingly focused on supposedly “toxic” ingredients and contaminants, and with the escalating spread of misinformation, enterprising plaintiffs’ lawyers have seized the opportunity to pursue lawsuits purporting to expose the “hidden dangers” of common personal care products. These lawsuits take many forms—ranging from products liability to consumer fraud, depending on the alleged injury—but all follow a similar pattern: a plausible risk, bolstered by junk or dubious science, fueled by internet advertising, becomes a massive litigation risk for a company, or even an entire product category. During this session, litigators Joshua Kipnees and Thomas Kurland from Patterson Belknap Webb & Tyler LLP will discuss emerging trends in this type of “hidden danger” litigation and propose strategies for anticipating and defending against such claims.

Presenters:

Thomas P. Kurland
Partner, Patterson Belknap Webb & Tyler LLP

Joshua Kipnees
Partner, Patterson Belknap Webb & Tyler LLP

Monique Forrest
Head of North America Legal Affairs, Beiersdorf

For nearly four decades, California’s Proposition 65 has confused consumers, confounded the industry, and enriched unscrupulous plaintiff’s attorneys. Over the last several years, however, defendants in the beauty and personal care industry have scored significant wins, and PCPC itself obtained a landmark federal injunction on constitutional grounds. How can your business replicate their successes, and how can the industry build on the progress achieved by PCPC? In this session, one of the industry’s leading lawyers will discuss the successful strategies and tactics that have helped both individual companies and the industry as a whole cost-effectively manage and mitigate Proposition 65 risks. Whether you’re handling your first Proposition 65 “NOV” or your fiftieth, this session will prepare you to operate like a Prop 65 pro.

Presenters:

Greg Sperla
Partner, DLA Piper

Nicole Lehr
SVP, Legal-Litigation, Regulatory, and Ethics, L’Oréal USA

Artificial intelligence is revolutionizing marketing strategies in the beauty industry, from personalized skincare recommendations to AI-generated product formulations and virtual try-ons. However, as AI-driven marketing strategies expand, they raise critical legal and regulatory questions. Attendees will gain a deeper understanding of how AI is shaping the future of beauty marketing, the regulatory risks brands must navigate, and best practices for ensuring transparency, fairness, and legal compliance in AI-driven marketing solutions.

Presenters:

Zachary T. Page
Partner, Thompson Hine LLP

Kathryn Farrara
General Counsel Beauty & Wellbeing, Unilever North America

The beauty and personal care product industries have been frequent targets of consumer class action lawsuits. Whether allegations of misleading labeling and advertising claims, undisclosed and unsafe ingredients, or misrepresentations about company-wide sustainability and sourcing practices, beauty and personal care brands continue to face these legal challenges that can greatly impact both reputation and profitability. During this session, class action defense attorneys Michael Duvall and Grant Ankrom will discuss significant recent case developments in this area and, most importantly, strategies for proactively, effectively, and practically mitigating these risks.

Presenters:

Michael J. Duvall
Partner and Co-Chair, Global ESG Steering Committee, Dentons

Grant Ankrom
Partner, Dentons

Sabrina Mizrachi
VP, Deputy General Counsel, Litigation & Global Product Regulatory,
The Estée Lauder Companies Inc.

MoCRA directed FDA to propose mandatory CGMP regulations for cosmetic products by the end of 2024. While the timing of these regulations remains uncertain, particularly given changing dynamics in DC, cosmetic companies are already thinking ahead to FDA’s rulemaking and impacts on their compliance strategy, taking into account global standards and expectations on enforcement. This session will cover critical updates about FDA’s future CGMP requirements and FDA’s cosmetic compliance program, as well as important implications on other areas such as state laws on ingredients and contaminants and consumer litigation, and key legal and strategic considerations in engaging on these issues. 

Presenters:

Wade Ackerman
Partner, Covington & Burling LLP

Jessica P. O’Connell
Partner, Covington & Burling LLP

The Modernization of Cosmetics Regulation Act (MoCRA) represents the most substantial reform of U.S. cosmetic regulations in decades, introducing new compliance requirements for beauty brands and manufacturers. As the FDA continues to issue guidance and implement enforcement measures, it is crucial for industry stakeholders to stay informed about the latest developments under MoCRA. This session will offer a comprehensive overview of the most recent MoCRA updates, including key compliance deadlines, enforcement expectations, and best practices to ensure your brand adheres to these new federal standards.

Additionally, we will explore the potential litigation risks associated with MoCRA non-compliance. Understanding the legal landscape and preparing for possible legal challenges is essential for mitigating risks and protecting your brand. Join us to gain valuable insights into navigating MoCRA’s regulatory framework and safeguarding your business against potential litigation.

Presenters:

Kristine E. Kruger
Senior Counsel, Perkins Coie

Jasmine Wetherell
Partner, Perkins Coie

Join us for a conversation with Jones Day partners, Tony Dias and Courtney Lyons Snyder. Gain insights into the FDA’s priorities and emerging issues that could impact the cosmetics and personal care sector.

Presenters:

Tony Dias

Practice Leader State Attorney General Enforcement, Investigations & Litigation and Partner-in-Charge Miami, Jones Day

Courtney Snyder
Partner, Jones Day

California has long been at the forefront of cosmetic regulation, setting trends that often influence federal policy and industry standards nationwide. With evolving laws on ingredient transparency, safety testing and environmental impact, brands must stay ahead of regulatory shifts to remain compliant and competitive. Join us for an exclusive conversation with California Dept. of Toxic Substance Control, Environmental Program Manager, Andre Algazi who will share insights on the current state of cosmetic regulations, recent legislative developments, and what’s on the horizon on the state level.

Presenter:

André Algazi
Environmental Program Manager, California Dept. of Toxic Substance Control

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