Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

Consumer Product Safety

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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.

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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.

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FDA Issues Warning Letter to Skin Authority

The US Food and Drug Administration (FDA) recently sent a Warning Letter to Skin Authority, LLC, due to marketing claims used by the company to promote its personal care products, including its “Wrinkle Reversing Serum,” “Moisturizing Lift Cream,” “VitaD Fortified Topical Elixir,” “Reviving Eye Brightener,” “Coffee Almond Scrub,” and “Bamboo Ginseng Scrub.” The FDA states in the Warning Letter that claims used to promote these products cause them to be “drugs.” The FDA objected in part to the following claims:

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FDA Issues Warning Letter to L’Oreal for Skin Pigmentation Claims

Recently, the US Food and Drug Administration (FDA) issued a Warning Letter to L’Oreal USA for marketing its cosmetic products, “Rosalic AR Intense” and “Mela-D Pigment Control” (on the Internet website www.laroche-posay.us), with claims deemed by the FDA to be drug claims. The FDA’s Warning Letter to L’Oreal may signal that the Agency is once again closely scrutinizing personal care product marketing claims.

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California Proposes New Prop-65 Warning Requirements

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed regulation to revise the required warning statement for products containing chemicals listed by the state under Proposition-65 (Prop-65). A link to the Prop-65 proposal can be found here.

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President Obama Signs Law Changing FDA Review Process for OTC Sunscreens

On November 26, 2014, President Barack Obama signed into law S. 2141, the “Sunscreen Innovation Act,” which modifies the Food and Drug Administration’s (FDA) process for the review and approval of over-the-counter (OTC) sunscreen ingredients. The legislation was initially introduced by Sen. Jack Reid (D-RI) on March 13, 2014. The bill was then passed by the Senate on September 17, 2014 and by the House of Representatives on November 13, 2014 before being signed into law.

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We’re Not Getting Any Younger: L’Oréal Settles FTC Charges Over Deceptive Anti-Aging Claims

What’s the News?

The Federal Trade Commission (FTC) recently settled with L’Oréal USA Inc. over charges that the company made deceptive claims regarding the benefits of two of its products. Specifically, L’Oréal claimed that its Génifique and Youth Code facial skincare products could combat the effects of aging by affecting the genes of anyone who used it. However, according to the FTC, such claims lacked adequate substantiation. Given the FTC’s allegations, L’Oréal has elected to settle the dispute and has agreed to a proposed consent order.

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OSHA Inspectors Set Course for Clothing and Retail Stores on Pacific Islands

On April 14, 2014, the US Department of Labor’s Occupational Safety & Health Administration (OSHA) announced that it is launching a local emphasis program in an effort to reduce injuries and fatalities in the retail sector in Hawaii, Guam, American Samoa, and the Northern Mariana Islands. The program will involve safety inspections of randomly selected clothing stores, department stores, general merchandise and warehouse clubs, and other miscellaneous retailers such as pet stores.

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Fashion Counsel: Babies R Us HALO SleepSack a Costly Reminder of Brand-Damaging Recalls

In August, baby products maker HALO became the most recent high-profile company to recall items of clothing, after it pulled back 27,000 of its SleepSack wearable blankets due to a choking hazard. The Huffington Post reported that the HALO SleepSacks, which are exclusively sold at Babies “R” Us, were recalled based on six reports sent to the US Consumer Product Safety Commission (CPSC) that the petals on the garment were detaching with one infant found gagging on the flower.

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Fashion Counsel: Safety Risks and Rules for Retailers of Children’s Apparel

Arent Fox today released Episode 4 of Fashion Counsel with Anthony V. Lupo. This edition features partner Georgia Ravitz, leader of the firm’s Consumer Product Safety practice.

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