Skip to main content

Anthony Lupo and James Ravitz on Perfumes and Cosmetics in the Retail Sector

Gone are the days where a brand's DNA is defined solely by clothing and accessories. With the luxury goods sector experiencing a recent downturn, more and more companies are breaking into the perfume and cosmetic spheres. The movement may be attributed, in part, to the "lipstick index," a phrase coined in 2001 by Leonard Lauder, then-chairman of Estee Lauder, to describe how beauty products may act as affordable indulgences during times of economic recession.

FTC Continues Close Scrutiny of "Made in USA" Claims

The Federal Trade Commission (FTC) has just announced that it will be closing its "Made in USA" investigation of certain Target pillow products. According to the FTC, the outer packaging of the pillow products bore an unqualified "Made in USA" claim while the packages' contents – the pillows themselves – bore a "Made in China" label claim. FTC's investigation began in response to numerous consumer complaints regarding this conflicting origin labeling.

FTC Settlement Shows Agency Remains Focused on “Made in USA” Claims

The Federal Trade Commission has announced a proposed settlement and consent order in its investigation of a US-based water filtration company, iSpring Water Systems, concerning that company’s representations that its products are "Proudly Built in the USA," which is considered an unqualified "Made in USA" claim that the products were all or virtually all USA-made. These representations appeared on the company’s own websites, as well as those of other online retailers who sold the products.

FDA Issues Draft Guidance on Lead Levels in Cosmetics

The US Food and Drug Administration recently issued draft guidance establishing an upper limit for lead levels in externally applied cosmetics of 10 parts per million (ppm) of lead. FDA’s upper limit lead restriction applies to lip products, such as lipsticks, lip glosses, and lip liners, and to other externally applied cosmetics, such as eye shadows, blushes, compact powders, shampoos, and body lotions.

FDA to Begin Posting Adverse Event Report Data for Foods and Cosmetics

On December 7, 2016, the Food and Drug Administration published a Notice in the Federal Register announcing that its Center for Food Safety and Applied Nutrition will begin publishing data extracted from adverse event reports the Agency has received for conventional foods, dietary supplements and cosmetics. Until now, such adverse event report data has only been publicly available by submission of a Freedom of Information Act request to the Agency. FDA has stated it is providing adverse event data to increase trans

CPSC Public Meeting on Children's Sleepwear Flammability

On December 1, 2016, CPSC’s Office of Compliance, under the leadership of CPSC’s Mary Toro (Director, Office of Compliance, Regulatory Enforcement), held a comprehensive full day seminar on the laws, regulations, and rigorous flammability testing requirements applicable to children’s sleepwear.

Arent Fox Speaks to New Fashion Designers on Setting Up Their Brands

On April 26, 2016—The Fashion Institute of Design & Merchandising (FIDM) invited Anthony Lupo, chair of Arent Fox's fashion law practice, to give students and alumni a presentation about the specific legal and business challenges that designers and retailers of fashion and luxury products face in an increasi

Nordstrom and Jeans Company Pay $4M to Settle “Made in USA” Claim

On Monday, November 30, 2015, Nordstrom and denim manufacturer AG Adriano Goldschmied filed a motion to approve a settlement in California federal court, agreeing to pay more than $4 million to settle a consumer class action suit that accused them of falsely labeling jeans as “Made in USA.” The settlement was agreed upon in October 2015 after over a year of intense litigation.  

Warranties Go Digital: Manufacturers Gain Flexibility with E-Warranty Act

The E-Warranty Act of 2015 was recently signed into law, amending the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, to permit manufacturers and sellers of consumer products the option to post written warranties online, rather than on the product or accompanying printed material as is required under the current law.

IKEA Repair Program Not Labeled “Recall” By CPSC

On July 22, 2015, the Consumer Product Safety Commission (CPSC) and the Swedish consumer products company, IKEA, issued a joint press release to announce a “repair program,” addressing a furniture tip-over safety hazard posed by 27 million chests and dressers sold by the company. IKEA’s repair program consists of providing consumers with free wall anchoring repair kits that can be used to fasten the chests and dressers to the wall to help prevent future tip-over incidents involving these products.