COSMETICS AND PERSONAL CARE

Thompson Coburn helps cosmetics and personal care product companies navigate what is one of the more highly regulated industries in the United States. The U.S. Food and Drug Administration oversight of cosmetics, beauty products and personal care products means industry members must consistently monitor each step in the manufacturing and distribution process, from raw material acquisition, to manufacturing, labeling and marketing. Furthermore, after recent legislation and agency rulemaking, the FDA has significantly stepped up its enforcement efforts, particularly in regard to import regulations and labeling compliance.

Our attorneys are experienced with federal agency regulatory compliance issues, including the Federal Trade Commission on advertising issues, the FDA’s current Good Manufacturing Practices, dealing with FDA inspections and responding to FDA enforcement actions, such as detentions, warning letters and inspections. Our team is also well-versed on import-export issues and the FDA’s detention program related to cosmetics and personal care products.

For our cosmetics, beauty products and personal care product clients we handle varied matters including:

• Assisting in establishment registrations under the FDA’s Voluntary Cosmetics Registration Program
• Reviewing cosmetics manufacturing processes for compliance with current Good Manufacturing Practices
• Assisting companies respond to FDA enforcement actions
• Advising companies in regards to manufacturing or supplier agreements
• Labeling reviews to ensure that labeling and marketing materials comply with FDA/FTC regulatory requirements and limitations
• Review of advertisements to ensure compliance with “green” marketing guidelines

In addition, we work very closely with our clients on engaging in advertising practices that do not prompt FTC review or investigation. The FTC has principal authority over cosmetic, over-the-counter drug product and personal care product advertising. We work with our clients to help them understand how the FTC evaluates advertisements in determining whether or not such advertisements are deceptive or misleading and evaluating the basis for claims in advertisements.