MAIN DAY TWO

Friday, September 29th, 2023

7:30 Continental Networking Breakfast and Registration

8:15

Chairs’ Opening Remarks and Recap of Day One

8:30

Class Action and Prop 65 Litigation Report for Cosmetics and Personal Care Products

Microphone-alt Arameh O’Boyle, Member, Mintz

Claudia Lewis, Partner, Venable LLP

Lynn R. Fiorentino, Partner, ArentFox Schiff LLP

The cosmetics industry has been a frequent target of class action lawsuits, with many consumers taking legal action over alleged false advertising and misleading claims. The West Coast has been a particularly active region for such litigation, with numerous high-profile cases being filed against cosmetics companies in recent years.

Class Action Activity

• Analyzing recent class action litigation activity involving product performance, false and misleading advertising, and mislabeling

» Linkage to FDA warning letters, NAD and FTC activity

• Addressing California specific litigation, and court decisions and how this may influence class action activity in the rest of the county

• Examining titanium dioxide (TiO2), PFAS, and heavy metal class actions in cosmetics and how this litigation is progressing Assessing the resurgence of the pre-emption defense and possible new interpretations under MoCRA

Prop 65 Focus:

• Identifying the latest wave of plaintiffs’ claims made under Prop 65

• Examining defenses the industry is employing

9:15

Keynote Address

9:45 Morning Networking Break

10:15

Insights from Past Advertising Mistakes: Case Studies in Claims Substantiation for Cosmetics and Personal Care Products

Microphone-alt Michael Ostheimer, Attorney, Federal Trade Commission (FTC)

Jennifer Santos, Attorney, National Advertising Division (NAD)

Amy Ralph Mudge, Partner, Baker & Hostetler LLP

Advertising claims can be a source of potential legal and reputational risk if they are false, misleading, or unsubstantiated. Regulatory agencies such as the Federal Trade Commission (FTC) and consumer groups such as NAD closely monitor these and have their own guidelines that manufacturers need to be aware of.

• Analyzing case studies of successful (and unsuccessful) cosmetics advertising and social media campaigns

• Examining the role, reach, and risk of influencers in the promotion of beauty and personal care products

• Mastering the art of beauty advertising: Tips for achieving compliance and avoiding legal challenges

» Identifying risks associated with false or misleading advertising claims

» Outlining the importance of accurate and truthful advertising claims

» Emphasizing the significance of proper testing and research to support product claims

• The Naked Truth: Uncovering the validity of ‘natural,’ ‘organic,’ and ‘clean’ claims in beauty products

• Understanding the role of NAD and FTC in advertising for cosmetics and personal care products

11:00

Breaking Barriers: A Journey Through Diversity and Inclusion in the Personal Care and Cosmetic Industry

Microphone-alt Kenya Garrett, Senior Director, Global Head, Diversity, Equity, & Inclusion, Kendo Brands

Beauty companies are striving to become more inclusive and appreciative of all consumers who use their products through accessible and tailored products to the individualized needs of one’s skin and hair, skin shade ranges, gender-neutral products and inclusive beauty campaigns.

With all of these, consumers still feel there is much work that needs to be done as an industry Don’t miss out on this enlightening and engaging panel discussion and hear directly from brands themselves on what measures they’re taking to promote diversity and inclusivity at all business levels.

11:45

Protecting Your Cosmetics Empire: Exploring IP Protections and AntiCounterfeiting Strategies

Microphone-alt Martha Rumore, Senior Counsel, Frier Levitt

John Wiseman, Vice President, Deputy General Counsel, Intellectual Property, FDA/ Regulatory, Mary Kay Inc.

Many cosmetics companies don’t realize the severity of the counterfeiting, until it’s too late, and they have already suffered the consequences of counterfeit products bearing their brand name. Join our panelists in an insightful dialogue on what IP strategies you can implement to protect your brand and company from the get-go and minimize counterfeit products.

• Analyzing the role of enforcement agencies in preventing counterfeiting and infringing activities

• Safeguarding your brand, products, and revenue through the various technologies and tools used to detect and combat counterfeit products

• Exploring counterfeiting trends and implementing anti-counterfeiting strategies

• Examining trademark protections and case law developments

12:30

International Affairs: Successfully Navigating Cosmetics and Personal Care Products Markets Across the Globe

Microphone-alt Jackson Pai, Counsel, Crowell & Moring

Nadine Goldman, Director, Regulatory, Anastasia Beverly Hills

Felicia Leborgne Nowels, Partner, Akerman LLP

Our speakers will provide a detailed overview and in-depth analysis for the successful global entry of your product by helping you understand this highly complex international market, and devise strategies for regulatory approval and export.

• An overview of US, Europe and China’s most relevant regulatory requirements for cosmetics and personal care products

• Streamlining Business Processes: Solutions for simplifying registration, labeling, and free sample imports and more

• Identifying what companies need to have on their radar and how to proactively take steps to avoid detention of merchandise

1:15