Labeling and Advertising
KKB has expertise in all aspects of labeling for cosmetics (including cosmetic devices). We advise on the proper ingredient identification, warnings, country of origin labeling, and other labeling requirements. We assist companies in developing appropriate cosmetic claims in light of rules governing drugs and taking into consideration historical practice for cosmetic vs. drug claims in the United States.
KKB has extensive advertising law experience relating to cosmetic claims. We regularly interpret federal and state advertising law - as well as the decisions of advertising self-regulatory bodies - in order to support client's claims with appropriate wording and substantiation. We frequently defend such claims in cases before the FTC, state attorneys general, federal courts and self-regulatory bodies (such as the National Advertising Division of the Council of Better Business Bureaus). In particular, we are familiar with recent litigation against organic claims for personal care products, as well as claims under state unfair trade practice laws, and can assist clients in crafting claims to help reduce the risk of liability.