MAIN DAY ONE

Thursday, September 28th, 2023

7:15 Continental Networking Breakfast and Registration

8:15

Co-Chairs’ Welcome Remarks

Microphone-alt Angela Diesch, Partner, Amin Talati Wasserman LLP

Camille Friedlander, Legal Counsel, Benefit Cosmetics/LVMH

8:30

MoCRA Status Report: An In-Depth Look at the Industry’s Response to the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)

Microphone-alt John Bailey Jr., Ph. D., Independent Advisor, EAS Consulting Group, Former Director of FDA’s Office of Cosmetics and Colors

Angela Diesch, Partner, Amin Talati Wasserman LLP

Dan Kolhoff, Director of Regulatory & Legal Affairs, John Paul Mitchell Systems

MoCRA has been a game changer for the cosmetics industry. This panel will examine the status of the law and FDA guidance as well as where companies are and how they are adapting.

• Examining MoCRA and related FDA guidance issued thus far

• Analyzing how MoCRA has affected the beauty industry and what companies are doing to adapt

• Assessing where large, small, and independent manufacturers are with devising plans for product registration, listing, and good manufacturing practices (cGMPS)

• Examining the new FDA cosmetics registration program

9:30

Preparing for MoCRA Implementation: Practical Steps for Beauty Companies to Meet the December 29th Implementation Date

Microphone-alt Laurie Henry, Partner, Shook, Hardy & Bacon

Don Frey, President & CEO, Independent Beauty Association

Sue Collins, Executive Vice President & General Counsel, Obagi Cosmeceuticals LLC

MoCRA takes full effect on December 29, 2023. This panel will delve deeper into the specific steps that cosmetic companies must take to achieve compliance with MoCRA and meet the end of year implementation deadline. Our renowned panelists will provide practical guidance to navigate the current regulatory landscape, highlighting key considerations and outlining actionable next steps.

• How are companies responding to the tight compliance window, and what measures is the FDA take to assist them during this process?

• Educating new and smaller brands about the implications of MoCRA for getting their products on the market

• Developing best practices for compliance

» How can companies go beyond the minimum requirements of MoCRA to ensure consumer safety and build trust with their customers?

• Exploring the new manufacturing practices required under MoCRA and how to implement them in a way that meets regulatory standards

10:15 Morning Networking Coffee Break

10:45

Cracking the West Coast Cosmetics Code: A Guide to Ensuring Compliance with California and Washington State Laws and Regulations for Cosmetics and Personal Care Products

Microphone-alt Tia Feltner, US Regulatory Affairs Manager, JAFRA Cosmetics

Dr. Simone Swafford, CEO/Founder, Vogue Regulatory

Sophie Castillo, Partner, Keller & Heckman

California has been a pioneer in regulating the markets for cosmetics and consumer products. Washington State is also joining the bandwagon with its recently introduced ‘Toxic Free Cosmetics Act.’ With ever-changing laws and regulations, it can be challenging for companies to ensure compliance while also meeting consumer demand for safe and effective products.

Join our panelists for an in-depth review of the most important laws and regulations at the state and federal levels, that brands need to be aware of, such as:

• Understanding California’s Safe Cosmetics Program and its reporting requirements

• Ensuring compliance with Proposition 65 and its warning requirements

• Staying up to date on evolving regulations and industry trends

• Gaining a comprehensive understanding of the legal disputes between state and federal bodies and assessing the applicability of preemption

Washington State focus:

• Preparing for Washington’s Toxics-Free Cosmetics Act,

• Examining the classes of chemicals that are banned under the Act

» Formaldehyde and “forever chemicals” Key implementation dates

» How does the Washington State law compare with California’s Safe Cosmetics Act

11:30

A Guide to West Coast Packaging and Labeling Requirements for Cosmetics Manufacturers: Ensuring Legal and Regulatory Compliance

Microphone-alt Allyn Stern, Principal, Beveridge & Diamond

California and Washington state possess some of the most rigorous packaging and labeling regulations for cosmetics nationwide. These regulations present a significant challenge for companies as they strive to ensure compliance while simultaneously meeting consumer demands for creative and appealing packaging. This session aims to provide you with a comprehensive understanding of the requirements, as well as guidance on how your business can best manage this challenge.

West Coast Laws Affecting Cosmetic Packaging and Labeling:

• Analyzing the impact of the California Safe Cosmetics Act on packaging and labeling

• Examining The Federal Fair Packaging and Labeling Act (FPLA) and its impact on consumer products labeling

• California SB 54’s influence on manufacturers, with respect to recyclable and compostable packaging

• The California Consumers Legal Remedies Act in ensuring companies do not engage in false and deceptive advertising on labels

• Exploring Washington State’s Renewable Materials Packaging Law and how the legislation impacts manufacturers

Practical Applications of State Federal Packaging and Labeling Laws and Regulations

• Considering state specific requirements for labeling ingredients, warnings, and claims relative to your products

• Analyzing how large and small companies navigate product labeling harmonization this across different markets

• Developing compliant and attractive packaging that meets consumer demands within the scope of federal and state guidelines

• Examining claims regarding packaging and compostability, and exploring the role of Extended Producer Responsibility (EPR) schemes in this context

• Maintaining current knowledge of ingredient disclosure obligations, warning prerequisites, and ensuring adherence to FDA regulations to prevent inaccurate or deceptive labeling

• Assessing how cosmetic producers can assert federal preemption and defend against slack fill claims under the FD&C Act

12:30 Networking Lunch

1:30 Keynote Address

Microphone-alt Jessica Iclisoy, Founder/CEO, California Baby

2:00

A Practical Guide to State PFAS Legislation and Initiatives: What You Need to Know About Compliance and Mitigation

Microphone-alt Aliza Karetnick, Partner, Ballard Spahr LLP

Julie (Julia A.) Hatcher, Partner, Latham & Watkins LLP

Jeffrey Parker, Partner, Sheppard Mullin

The presence of PFAS “Forever Chemicals” has startled the cosmetics industry, prompting companies to adopt proactive and strategic approaches in order to regain consumer trust. With the introduction of PFAS bans by states like California, Washington, and Maine, it appears that this is only the start. In this session, we will delve into the details of how to ensure that your company remains compliant and assist you in taking appropriate measures to address PFAS challenges.

• Reviewing the state legislation and other initiatives on restricting PFAS and how this activity will impact your company

• Anticipating the likelihood of federal PFAS legislation

• Examining PFAS testing and the various ways it can be interpreted

• Devising a plan for smaller brands conduct product testing while staying within their budget

• Mitigating existing PFAS risks in your products

• Developing PFAS- free formulas that will meet the complexity of the complying with the new regulatory landscape

• Exploring other areas ox toxicity of concern to the cosmetics and personal care industries: titanium dioxide, heavy metals

2:45

Embracing the Beauty of New Technologies While Avoiding the Dangers of Data Privacy Violations

Microphone-alt Brigid DeCoursey Bondoc, Partner, Morrison & Foerster LLP

Gustav Eyler, Partner, Gibson, Dunn & Crutcher LLP

Elliott Siebers, Special Counsel, Kelley Drye & Warren LLP

As the cosmetics industry continues to adopt more advanced technologies, including AI in the development and promotion of its products there is a growing need to address data privacy concerns. With the rise of digital personalization tools and other data-driven innovations, it is critical that companies prioritize data privacy and security to protect their customers’ sensitive information.

• Analyzing the industry’s response to the use of AI, ML, AR, VR technologies, and the Metaverse

• Balancing the benefits of AI and other new technologies with the need for data privacy and security in cosmetic product development and promotion

• Developing a blueprint for incorporating AI and other technologies into cosmetic product development and promotion while still prioritizing data privacy and security

• Identifying privacy and ethics concerns associated biometric technologies and try-on tools

• Exploring state legislation such as the California Consumer Privacy Act (CCPA), the Biometric Information Privacy Act (BIPA) and related enforcement actions

3:30 Networking Break and Speaker Lounge

4:00

The Future of Clean Beauty: Trends and Regulations

Microphone-alt Tarek Nasser, Senior Manager, Global Regulatory Affair, Hero Cosmetics

Jamila Powell, CEO/Founder, Naturally Drenched

Clean beauty is a fast-growing cosmetics trend where consumers seek products which are free of harmful chemicals and aligned with their values of sustainability and social responsibility. However, this trend requires that companies substantiate their claims to comply with regulations and win consumer confidence. This session will explore the world of clean beauty and the legal, regulatory, and business considerations that come with it. Our panel will provide insights into:

• Identifying what clean beauty means for the industry and the consumer

• Exploring skin microbiome trends, safety, and claims of novel ingredients (enzymes, pro/ prebiotics, bacteria) and the FDA’s stance on these

• Developing accurate product labeling for clean and natural claims to ensure substantiation

• Striking the right balance between sustainability and safety when developing products

• Ensuring ethical sourcing of clean ingredients and fair trade and labor practices

Green is the New Beautiful: Navigating ESG for Environmentally and Socially Sustainable Cosmetics and Personal Care Products

Microphone-alt Brent Johnson, Partner, Holland & Hart LLP

Maggie Spicer, Founder, Source Beauty ESG

Our panelists will share insights on how companies can integrate ESG considerations into their operations and explore innovative approaches to advance sustainable practices within the cosmetics and personal care products industry.

• Providing an overview of the ESG framework, and how it applies to the cosmetics and personal care products industry

• Exploring ways to reduce the carbon footprint and increase sustainable practices

• Highlighting best practices for sourcing, manufacturing, and distributing sustainable ingredients

• Assessing the role of consumer education in promoting sustainability, and exploring effective ways to communicate the importance of responsible consumption to customers

5:30