Distinguished Co-Chairs:
Monique Forrest Head of North America Legal Affairs Beiersdorf
Benchmark with Leading Industry Stakeholders:
• Amorepacific US
• Beiersdorf
• e.l.f. Beauty
• Givaudan
• L’Oréal
A comprehensive guide to the latest developments affecting articles intended for cleansing, beautifying, promoting attractiveness, or altering the appearance.
& Personal Care Products
March 20 – 21, 2024 • New York City Bar Association, NY
Aleen Tomassian Global Marketing Counsel
The Estée Lauder Companies Inc
Key Regulatory Insights from:
GOVERNMENT:
Michael Ostheimer Attorney Federal Trade Commission (FTC)
INDUSTRY:
Annie Ugurlayan Assistant Director, National Advertising Division BBB National Programs
• Orveon Global
• Shiseido Company
• Supergoop!
• Unilever
• Wella Company
2024 Conference Highlights Include:
Angle-Right MoCRA Status Report: Navigating Implementation Challenges and Newly Released FDA Guidance
Angle-Right The United States of Beauty: Spotlight on State Legislative Initiatives Focused on the Cosmetics and Personal Care Industries
Angle-Right Think Tanks on Compliance and Litigation Challenges Associated with PFAS and Contaminants
PRE-CONFERENCE WORKSHOPS
AThe Foundation of Beauty: Cosmetics and Personal Care Products Law and Regulation 101
MoCRA Working Group: A 360 Degree Deep Dive Into the Essential Components of the 2022 Modernization of Cosmetics Regulation Act
Angle-Right NAD and FTC Townhall on Endorsements, Influencers and Consumer Reviews in Product Advertising
Angle-Right Spotlight on the Latest ESG and Sustainability Directives Impacting the Beauty Industry
Angle-Right Focus Session on Preserving Data Privacy and Ethical Integrity When Leveraging AI and New Technologies in the Cosmetics Industry
POST-CONFERENCE WORKSHOP
The Science of Beauty Masterclass: A Guide for Using Scientific Evidence to Substantiate Advertising Claims for Cosmetics and Personal Care Products
REGISTER NOW AmericanConference.com/Cosmetics • 888 224 2480 a C5 Group Company Business Information in a Global Context
11TH ANNUAL LEGAL, REGULATORY, AND COMPLIANCE FORUM ON COSMETICS
B
C
Associate Sponsors Networking Lunch Sponsor Premium
EARN CLE CREDITS
Exhibitor
ACI’s
11th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products is returning to New York City on March 20th–21st.
MoCRA has ushered in a new era of government oversight for the cosmetics industry with a very short compliance timeline. Despite a six-month enforcement reprieve, the pressure on industry remains and the clock is ticking.
Although MoCRA's enforcement deadline has been moved to July 1, 2024, the urgency remains for companies to update their compliance measures in accordance with FDA requirements and newly released guidance. Adherence to MoCRA's standards is not just a regulatory imperative, but a key driver for fostering consumer confidence across the industry. Attend this event and receive the critical information you need to ensure you are on time and MoCRA ready.
State Legislative Initiatives Focusing on Cosmetics Industry Practices and Ingredients are a Steady and Evolving Area of Manufacturers’ Concerns.
For the last several years, the cosmetics and personal care industries have been targeted in state legislative initiatives focusing on enhanced consumer safety, ingredient transparency, and sustainability. It does not appear that this trend will stop anytime soon. States such as California, Washington, Maine, and Ohio are actively driving reforms and intensifying regulations on PFAS and other contaminants in cosmetic products and their packaging. We will examine this evolving trend and provide insights on these and other key area of state legislative focus.
Updated FTC Guidance Will Impact the Future of Cosmetic & Personal Care Product Advertising
Since we last met, the FTC has released its finalized new Endorsement Guides as well as a proposed Rule on the Use of Consumer Reviews and Testimonials. It is critical that cosmetics companies adhere to these latest regulatory guidances when making claims about their products in advertising. Join us to ensure your marketing practices comply with these new guidelines.
The New Tech Revolution is Transforming the Way the Cosmetics Industry Develops and Promotes their Products, Causing Rising Concerns Regarding Consumer Data Privacy
As the cosmetics industry continues to adopt AI and other advanced technologies 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.
Class Action Litigation and Prop 65 Activity Continue to Keep Industry Up at Night
The cosmetics and personal care industries continue to be plagued by class action litigation stemming from alleged product performance, false advertising, and labeling practices. Obtain the tactical tools needed to combat these attacks by the plaintiff’s bar.
We invite you to join us in NYC this March to meet and reconnect with colleagues and acquire invaluable insights to surmount the latest challenges facing the cosmetics and personal care community today.
We look forward to seeing you this spring!
2 | LINKEDIN FDA-Regulated Consumer Products: Dietary Supplements, Cosmetics, OTC Drugs #ACIConferences #Cosmetics #PersonalCareProducts
REGISTER NOW
Distinguished Faculty
CO-CHAIRS:
Monique Forrest
Head of North America Legal Affairs Beiersdorf
Aleen Tomassian Global Marketing Counsel
The Estée Lauder Companies Inc
DISTINGUISHED FACULTY:
Donald D. Ashley, J.D. Executive Vice President, Regulatory Compliance Greenleaf Health, Inc.
Claire Bing Founder Confiance Cosmetic Group LLC
Katie Bond Partner Keller & Heckman LLP
Kelly A. Bonner Attorney Duane Morris LLP
Kyle Diamantas Partner
Jones Day
David C. Dilk
Director, Regulatory & Government Affairs
Givaudan
Carl D’Ruiz, M. Ph. Senior Manager, Science, Advocacy and Business Development – Personal Care, North America
DSM-Firmenich
Stefanie Fogel Partner
DLA Piper LLP
Nadine Goldman Director of Regulatory Affairs
Vivify Company
Christopher Gottfried Of Counsel
Greenberg Traurig LLP
Julian Harrell Partner
Faegre Drinker Biddle & Reath LLP
Virginia Hill, M.S., RAC (US) Director, Product Safety & Regulatory Affairs Wella Company
Yungbi Jang General Counsel
Amorepacific US, INC.
Marietta Jo General Counsel Supergoop!
Aliza Karetnick Partner
Morgan Lewis & Bockius LLP
Kristen Klesh Partner
Loeb & Loeb LLP
Jeffrey Margulies Partner-in-Charge
Norton Rose Fulbright US LLP
Katlin McKelvie Partner Gibson Dunn
Victor Mencarelli Director – Regulatory Affairs
Orveon Global
Gary Mozer Vice President, Global Digital Data & Privacy Legal Leader
Shiseido Company, Limited
Dr. Akemi Ooka Head of Global Supply Chain Resources Independent Beauty Association
Brad M. Scheller
Member
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Alexander Smith Partner
Jenner & Block
Maggie Spicer
Founder Source Beauty ESG
Annie Ugurlayan
Assistant Director, National Advertising Division® BBB National Programs
Lane Verlenden Assistant General Counsel
e.l.f. Beauty
Beth P. Weinman Partner
Ropes & Gray LLP
Laura Hammargren Shareholder
GreenbergTraurig
Claudia Lewis Partner Venable LLP
Michael Ostheimer Attorney Federal Trade Commission (FTC)
Craig R. Weiss
President Consumer Product Testing Company
Elizabeth M. Chiarello Partner
Sidley Austin LLP
John W.M. Claud Counsel Hyman, Phelps & McNamara PC
Laurie A. Henry Partner
Shook, Hardy & Bacon LLP
Nicole Lehr VP, Associate General Counsel and Ethics Officer L’Oréal USA
ACI’s Cosmetics & Personal Care Products Advisory Board
American Conference Institute’s Advisory board is created as a part of ACI’s ongoing effort to provide industry leading content and a world-renowned speaker faculty. This ‘inner circle’ counsels ACI on the impact of legal, regulatory, and compliance trends and emerging topic in this rapidly evolving arena.
Rohini Gokhale Vice President & Global Marketing Counsel Estée Lauder
Jaclyn Kaczmarek Senior Counsel (Director) Ulta Beauty
Ellen Robbins Partner Akerman LLP
Jeffrey Rosenthal Partner Blank Rome
Brandee Winikof
Assistant General Counsel
Unilever Health & Wellbeing
Jacqueline Chan
Assistant General Counsel, Regulatory & Marketing Unilever
Victor Mencarelli Director – Regulatory Affairs
Orveon Global
Diane McEnroe Partner Sidley Austin LLP
Sharon Blinkoff Counsel Locke Lord LLP
David Joyal VP, Legal – Patents Coty Inc.
AmericanConference.com/Cosmetics • 888 224 2480 a C5 Group Company Business Information in a Global Context
* Due to the hands-on nature of the workshops, they will only be available for in-person attendance.
PRE-CONFERENCE WORKSHOPS
A9:00 am – 12:30 pm
The Foundation of Beauty: Cosmetics and Personal Care Products Law and Regulation 101
•microphone-alt Virginia Hill, M.S., RAC (US), Director, Product Safety & Regulatory Affairs, Wella Company
Kyle Diamantas, Partner, Jones Day
This interactive workshop will set the stage for the two-day main conference by providing you with a comprehensive overview of the laws and regulations affecting cosmetics and personal care products. Points of discussion will include:
• Understanding the role and authority of FDA in the cosmetics and personal care products market
• Regulatory classification: Is it a cosmetic, a drug or something else?
» Definitions: Identifying the difference between a cosmetic product and a drug under the Food, Drug & Cosmetics Act
» Exploring circumstances in which a product can be considered a drug, medical device, dietary supplement, or consumer product
» Explaining structure/function claims
• Analyzing how a personal care product comes to market: Cosmetics vs. OTC drugs
» Notification vs. Listing
» cGMPs
• Identifying FDA requirements governing
» ingredients, including color additives
» Labeling
» OTC Monographs
• Reviewing FDA versus FTC jurisdiction for advertising and promotion of cosmetics and personal care products
• Comprehending pre and post market responsibilities
» Complaint monitoring and investigation
» Adverse event reporting
» Best practices for cosmetic recalls and product reintroduction
• Other “regulators”
» NAD
» Retailers
• CPSC, EPA, other federal agencies
» Consumers
» The States
B1:30pm – 5:00 pm
MoCRA Working Group: A 360 Degree Deep Dive Into the Essential Components of the 2022 Modernization of Cosmetics Regulation Act
•microphone-alt Donald D. Ashley, J.D., Executive Vice President, Regulatory Compliance, Greenleaf Health, Inc.
Katlin McKelvie, Partner, Gibson Dunn
Claire Bing, Founder, Confiance Cosmetic Group LLC
Kelly A. Bonner, Attorney, Duane Morris LLP
The enactment of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a historic milestone, marking the first instance in over 80 years where Congress has passed legislation specifically impacting cosmetics companies.
This groundbreaking Act ushers in a new era of government oversight and authority for the cosmetics market, introducing fresh federal standards for various crucial aspects such as registration, adverse event reporting, product listing, recordkeeping, recalls, safety substantiation, and more.
Join us in this essential MoCRA workshop, where our speakers will conduct an in-depth analysis of the MoCRA regulatory framework. They will guide you through the intricacies of the FDA's requirements and guidance.
Key points of discussion will include:
• Analyzing how MoCRA has changed the way FDA regulates cosmetics
• Understanding the implications of the newly extended compliance deadline, from December 29th, 2023, to July 1st 2024
• Examining the detailed requirements related to registration, adverse event reporting, product listing, recordkeeping, recalls, safety substantiation and more
• Developing a comprehensive plan of action in view of complying with the new provisions
• Understanding the implications of MoCRA for cosmetics commercialization
• Assessing the impact of MoCRA on international trade and market access
• Navigating evolving enforcement trends post-MoCRA implementation
4 | LINKEDIN FDA-Regulated Consumer Products: Dietary Supplements, Cosmetics, OTC Drugs #ACIConferences #Cosmetics #PersonalCareProducts
Tuesday,
March 19, 2024 (EST)
of people where you could learn from one another. Partner, Locke Lord LLP
Brought together a well informed bright group
Partners
Media
Wednesday, March 20th, 2024 (EST) MAIN CONFERENCE DAY ONE
7:15 Continental Networking Breakfast and Registration
8:15
Co-Chairs’ Welcome Remarks
•microphone-alt Aleen Tomassian, Global Marketing Counsel, The Estée Lauder Companies Inc
Monique Forrest, Head of North America Legal Affairs, Beiersdorf
8:30
MoCRA – One Year Later: Examining how the Cosmetics Industry is Adapting to the New Regulatory Framework and Addressing Current Implementation Challenges
•microphone-alt Victor Mencarelli, Director – Regulatory Affairs, Orveon Global
John W.M. Claud, Counsel, Hyman, Phelps & McNamara PC
Laura Rich, Counsel, Venable LLP
As MoCRA’s official enforcement deadline has been extended to July 1, 2024, the cosmetics industry must be diligent in updating their compliance protocols to align with new and evolving FDA directives. This panel will take a deep dive into the FDA’s latest MoCRA guidances and what industry must be doing now to ensure they are prepared for the upcoming enforcement date.
• Examining MoCRA and related FDA guidance issued thus far:
» ‘New Structured Product Labeling Guidance’
» The draft guidance on registration and listing of cosmetic facilities and products
• 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)
• Exploring FDA’s electronic submission portal for cosmetics registration
9:15
An Analysis of State Legislative Initiatives Impacting the Cosmetics and Personal Care Industries
•microphone-alt David C. Dilk, Director, Regulatory & Government Affairs, Dr. Akemi Ooka, Head of Global Supply Chain Resources, Association
Jeffrey Margulies, Partner-in-Charge,
The cosmetics and personal care industries are experiencing a wave of state-level legislative initiatives focusing on enhanced consumer safety, ingredient transparency, and sustainability.
This session will explore the developments in California, Maine, Washington and other states which are having a dramatic impact on the cosmetics industry.
• Analyzing California’s 2020 Toxic-Free Cosmetics Act, with a focus on the recent Assembly Bill 496, banning an extra 26 ingredients in fragrances and cosmetics
• Exploring how Maine’s Safer Chemicals in Personal Care Products Act is setting new standards for ingredient transparency and consumer protection
• Examining Washington state’s efforts to promote sustainable and eco-friendly practices in the cosmetics and personal care sectors through the 2023 Toxic-Free Cosmetics Act (HB 1047)
• Understanding how these state laws are reshaping consumer expectations, demands, and purchasing behaviors in the cosmetics and personal care markets
10:00 Morning Networking Coffee Break
10:30
AI and ML in the World of Cosmetics: Navigating Data Privacy Concerns While Embracing New Technologies
•microphone-alt Gary Mozer, Vice President, Global Digital Data & Privacy Legal Leader, Shiseido Company, Limited
Jeffrey Rosenthal, Partner, Blank Rome
Emerging technologies such as generative AI and ML are being increasingly utilized by beauty brands in the development and promotion of their products. However, these promising advancements are accompanied by various critical considerations and concerns – the paramount one being privacy.
• Analyzing how the beauty industry is utilizing various digital technologies including AI, ML, AR, and VR
• Creating a framework for integrating AI and other technologies into cosmetic product development and promotion, with a primary focus on upholding data privacy and security
The choice of hot topics allowed for great discussions between speakers and participants.
Chief Marketing Counsel, Oral Care, Colgate Palmolive Company
• Reviewing state enforcement activity concerning the use of biometrics and its impact on the cosmetics industry such as the Illinois Biometric Information Privacy Act
• Examining how personalized tools that incorporate artificial intelligence and biometric data (face scanning tools) can lead to privacy violations
• Uncovering how generative AI is reshaping product innovation, from custom formulations to personalized beauty recommendations
» Addressing the ethical concerns and privacy considerations that come with this technological advancement
REGISTER NOW AmericanConference.com/Cosmetics • 888 224 2480 a C5 Group Company Business Information in a Global Context
11:15
Spotlight on the PFAS Crisis: Examining The Beauty Industry’s Response to
•microphone-alt
the Government and Consumer Clean-Up Call
Laura Hammargren, Shareholder, GreenbergTraurig
Ellen Robbins, Partner, Akerman LLP
• Analyzing the ‘No PFAS in Cosmetics Act’, introduced in the House of Representatives on November 30th
• Examining the current regulatory framework governing the manufacturing, production, packaging, and distribution of products containing PFAS chemicals
• Exploring MoCRA’s Mandate: FDA’s 3-Year Deadline to Evaluate PFAS in Cosmetics
• Adapting to changing consumer demands for PFAS-free products
• Focusing on California’s Assembly Bill (AB) 2771 and how to ensure compliance
• Analyzing PFAS timeline compliance bans in Oregon’s ‘Toxic-Free Cosmetics Act’ and Washington’s Toxic-Free Cosmetics Act 2023
• Understanding PFAS testing challenges and how companies can better navigate this complex arena
• Assessing how product testing/sourcing and regulatory approval can yield additional defense strategies for PFAS lawsuits
• Examining theories that plaintiffs are relying on in PFAS contamination claims -- what defense strategies are proving to withstand the latest plaintiff challenges?
12:00
Networking Lunch
Sponsored by
1:15
ESG in Practice: Charting a Greener,
More Sustainable, and Socially Responsible Path for Cosmetics and Personal Care Products
•microphone-alt Julian Harrell, Partner, Faegre Drinker Biddle & Reath LLP
Maggie Spicer, Founder, Source Beauty ESG
Stefanie Fogel, Partner, DLA Piper LLP
• Examining the latest industry measures to adopt and ensure compliance with ESG protocols
• Evaluating sustainable packaging as a crucial element of ESG initiatives
• Highlighting the importance of ethically sourced ingredients and the responsible treatment of labor within the cosmetics and personal care supply chains
• Understanding the importance of ESG reporting and how to align with stricter regulations to avoid legal enforcement
• Enhancing initiatives to bolster corporate social responsibility in response to the growing desire for eco-friendly products
2:00
Adverse Events Reporting and Recalls under MoCRA: A Blueprint for Designing Your Safety Plan
•microphone-alt Beth P. Weinman, Partner, Ropes & Gray LLP
Laurie A. Henry, Partner, Shook, Hardy & Bacon LLP
Nicole Lehr, VP, Associate General Counsel and Ethics Officer, L'Oréal USA
• Examining FDA’s recall and oversight authority with cosmetics and personal care products under MoCRA
• Identifying events which would trigger a mandatory recall under MoCRA
• Developing best practices to design and implement an FDA-mandated MoCRA recall
• Examining circumstances in which a voluntary recall is warranted
• What is the nature of the recall?
• What corrective actions should be taken?
• Implementing Adverse Event reporting protocols in compliance with MoCRA
• When and what AER instances are manufacturers now required to report?
• Invoking crisis management protocols
2:45 Afternoon Break
3:15
Contaminants in Cosmetic and Personal Care Products: Addressing Risk and Remediation
•microphone-alt Monique Forrest, Head of North America Legal Affairs, Beiersdorf
Carl D’Ruiz, M. Ph., Senior Manager, Science,, Advocacy and Business Development –Personal Care, North America, DSM-Firmenich
Aliza Karetnick, Partner, Morgan Lewis & Bockius LLP
• Exploring the recurrent presence and safety concerns regarding asbestos in talc-based cosmetics
» What new authorities does MoCRA give the FDA to address asbestos exposure risks from cosmetics?
» Assessing the status of proposed FDA regulations for standard testing methods to detect asbestos in talc products
• Analyzing recent recalls of benzene-contaminated cosmetics and personal care products and the future implications for industry
• Examining the latest regulatory developments and litigation activity related to titanium dioxide
» What are the common themes, allegations and takeaways from recent litigation involving allegations of TiO2 in cosmetic and personal care products?
» Best practices for safety assessments and labeling requirements
» How companies and their counsel should be reviewing product formulations and label claims to mitigate enforcement and litigation risks associated with the presence of TiO2
4:15
Beauty for All: A Town Hall on Revolutionizing DEI Across the Cosmetics & Personal Care Industries
It is increasingly important that the beauty industry evolves to better reflect the diverse needs and desires of consumers. During this interactive Town-Hall segment, our panelists will shed light on the industry’s commitment to inclusivity and its response to the ever-changing landscape of consumer demands. Let your voice be heard in this unique “open floor” session, designed to give attendees an opportunity to grab the microphone and add to the dialogue. Topics of discussion will include:
• The impact of diversity-focused marketing campaigns and their role in redefining beauty standards
• Understanding how brands can deliver on their promised values to better resonate with specific diverse groups of consumers
• Listening to your audience: Leveraging communication between the consumer and your brand to better align inclusivity efforts with the needs and expectations of your target audience
• Assessing how decisions about product placement, pricing, accessibility, marketing and messaging can impact how a product is perceived from a diversity & inclusion perspective
5:00 Closing Remarks – Conference Adjourns
6 | LINKEDIN FDA-Regulated Consumer Products: Dietary Supplements, Cosmetics, OTC Drugs #ACIConferences #Cosmetics #PersonalCareProducts
MAIN CONFERENCE DAY TWO
7:30 Continental Networking Breakfast and Registration
8:15
Co-Chairs’ Opening Remarks and Recap of Day One
•microphone-alt Aleen Tomassian, Global Marketing Counsel, The Estée Lauder Companies Inc
Monique Forrest, Head of North America Legal Affairs, Beiersdorf
8:30
Key Developments in Cosmetics Regulation on the Global Stage
•microphone-alt Nadine Goldman, Director of Regulatory Affairs, Vivify Company
Christopher Gottfried, Of Counsel, Greenberg Traurig LLP
In the future, the US may align more closely with European regulations, particularly in areas such as ingredient bans, animal testing, as well as increased restrictions on certain chemicals. This alignment reflects the global trend toward increased scrutiny and regulation of the cosmetics industry, as well as heightened consumer demands for safer and more sustainable products.
• Analyzing the potential impact that the EU’s recent ban on animal testing will have on future alternative testing methods in the US
» Comparing and contrasting testing developments and trends in China and what may be coming down the pike
» Understanding the key changes in China’s Cosmetics Supervision and Administration Regulation (CSAR)
• Examining the disparities in fragrance allergen labeling standards between the EU and the US –how could this impact how cosmetic product ingredients are disclosed?
• Reviewing the differences between restricted substances and regulations around certain cosmetic ingredients within Europe and the US
Good presentations by subject matter experts on a wide variety of regulatory matters in the cosmetic world. Director, Counsel, Regulatory Matter, Target Corporation
9:15
FTC & NAD Town Hall
Beauty Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Consumer Reviews
•microphone-alt Michael Ostheimer, Attorney, Federal Trade Commission (FTC)
Annie Ugurlayan, Assistant Director, National Advertising Division® (NAD), BBB National Programs
Marietta Jo, General Counsel, Supergoop!
Katie Bond, Partner, Keller & Heckman LLP
Lane Verlenden, Assistant General Counsel, e.l.f. Beauty
Since we last met, the FTC released its finalized new Endorsement Guides, and also issued a proposed Rule on the Use of Consumer Reviews and Testimonials. Join us for this critical discussion of how the latest FTC guidance will impact social media advertising of cosmetics and personal care products and potential new areas of focus moving forward.
• Analyzing FTC’s guidelines for social media and influencer endorsements
• Understanding FTC’s take on dark patterns and consumer deception tactics
• Examining problematic claims and areas of NAD and FTC focus
• Gaining insight into the current class action threats associated with environmental claims
10:30 Morning Networking Break
11:00
Litigation Landmines in Beauty: Status Report on Class Action and Prop 65 Activity
•microphone-alt Kristen Klesh, Partner, Loeb & Loeb LLP
Elizabeth M. Chiarello, Partner, Sidley Austin LLP
Claudia Lewis, Partner, Venable LLP
The plaintiffs’ bar is becoming increasingly aggressive in targeting cosmetic and personal care companies in class action lawsuits. This critical session will explore the types of litigation that are currently impacting the sector, strategies to minimize risk, and potential new areas of class action risk arising from MoCRA
• Identifying the latest cosmetic company practices which are triggering class action claims
• Examining proactive measures that companies can implement to reduce the risk of class action litigation, including compliance strategies, accurate product labeling, and consumer education
REGISTER NOW AmericanConference.com/Cosmetics • 888 224 2480 a C5 Group Company Business Information in a Global Context
Thursday, March 21st, 2024 (EST)
• Analyzing how MoCRA and heightened FDA enforcement is impacting litigation in the industry
» What litigation trends are emerging?
» Assessing recent FDA warning letters
» Preparing for enforcement and potential new class actions
• Exploring lessons from recent successes in class-action lawsuits and the utilization of federal preemption as a defense strategy
Prop 65 Focus:
• Identifying the latest wave of plaintiffs’ claims made under Prop 65
• Examining defenses the industry is employing
Spotlight on Chemical Hair Relaxer Litigation
• Examining the recent wave of products liability and consumer protection lawsuits against hair relaxing/straightening products
• Analyzing the allegations, common themes, legal nuances and takeaways from these actions
• Understanding how companies and their counsel should be reviewing product formulations and label claims to mitigate litigation risks associated with the presence of allegedly harmful phthalates, parabens or phenols
12:15
IP and Beauty Brand Resilience: Safeguarding Against Counterfeiting and Fraud
•microphone-alt Brandee Winikoff, Assistant General Counsel, Unilever Health & Wellbeing
Yungbi Jang, General Counsel, Amorepacific US, INC.
Brad M. Scheller, Member, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Join us for an insightful panel discussion into intellectual property protections in the cosmetics industry. Our panelists will explore strategies to strengthen your trademark portfolio and secure your brand as well as fortify your defenses against counterfeiting and fraud.
• Examining optimal strategies for fortifying your trademark portfolio and safeguarding your cosmetics and personal care brands
• Establishing in-house safeguards to shield your brand and minimize the presence of counterfeit products
• Analyzing recent legal precedents influencing cases related to trademark infringement and counterfeit merchandise
1:00 Co-Chairs Closing Remarks and Recap of Day Two Conference Adjourns
Thursday, March 21st, 2024 (EST) POST-CONFERENCE WORKSHOP
C2:00 – 5:30 PM
* Due to the hands-on nature of the workshops, they will only be available for in-person attendance.
The Science of Beauty: A Master Class on Using Reliable Scientific Evidence to Substantiate Claims About Cosmetics and Personal Care Products
•microphone-alt Alexander Smith, Partner, Jenner & Block
Craig R. Weiss, President, Consumer Product Testing Company
Ensuring proper claims substantiation for a cosmetic or personal care product is often a complex, fact-specific process. Even with substantial, supported, and well-designed studies, your product’s claims may still draw scrutiny from regulators and increasingly, plaintiff’s attorneys.
In this working group, we will provide the critical building blocks for ensuring proper sciencebacked claims substantiation, all with the goal of compliantly promoting your products, staying out of trouble, and winning consumer confidence. Points of discussion, include:
• Identifying the types of scientific evidence needed to support beauty and wellness claims in the cosmetic and personal care product space
• Assessing what the FTC is looking for when studies are evaluated for claim substantiation
» Population and participants
» Data and outcomes measured
» Ingredient dose and formulation
» Developing proper research methodologies to substantiate claims
» Examining how practitioners can assess the clinical study early on in the research process
• Evaluating clinical study data interpretation and how results apply to your claims
• Interpreting recent FTC enforcement actions where the clinical study did not support the claim being made
• Identifying implied claims and their hidden dangers
• Reviewing marketing materials and promotional activities across various media outlets and social media platforms to ensure the claims are properly substantiated and supported by the clinical study
• Understanding how testing differs when the cosmetic is classified as an OTC drug
• Comprehending the benefits of using independent third-party testing to provide scientific support of the claims for your product
• Determining the type of testing necessary to obtain clearance to market your product in
» US
» Canada
» EU
» UK
» China, and other Asian market
8 | LINKEDIN FDA-Regulated Consumer Products: Dietary Supplements, Cosmetics, OTC Drugs #ACIConferences #Cosmetics #PersonalCareProducts
Upcoming Related Events
hands-helping BECOME A SPONSOR
With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.
Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@AmericanConference.com
EARN CLE CREDITS
CONTINUING LEGAL EDUCATION CREDITS
Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.
ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.
ACI certifies this activity has been approved for CLE credit by the State Bar of California.
ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.
Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/accreditation/cle/
C5 celebrates 40 years of excellence! We are thrilled to have provided exceptional conference experiences globally with our outstanding team, speakers, sponsors, partners, and attendees. To mark this milestone, we're launching a new logo which represents our commitment to innovation, growth, and excellence, represented by the five Cs of C5: Current, Connected, Customer-Centric, Conscientious, and Committed.
Looking back on 40 years, we are grateful for our achievements—hosting global conferences, uniting industry leaders, and supporting business growth. However, we are not done yet! We are committed to pushing boundaries and creating impactful experiences and we're excited for the next 40 years of success.
REGISTER NOW AmericanConference.com/Cosmetics • 888 224 2480 a C5 Group Company Business Information in a Global Context
Join Our Email List to Stay Connected SIGN UP TO RECEIVE EXCLUSIVE DISCOUNTS, OFFERS AND PROGRAM UPDATES AmericanConference.com/join-our-email-list/
30 – May 1, 2024
June 25 – 26, 2024
NY
April
• Chicago, IL
• New York,
In-Person Conference In-Person Workshop A: Foundation of Beauty In-Person Workshop B: MoCRA Comprehension Hub In-Person Workshop C: Science of Beauty Livestream Conference PRICING $2195 $2095 $600 $600 $600 $2195 $2095 $2495 $2495 © American Conference Institute, 2023 Special Discount ACI offers financial scholarships for government employees, judges, law students, non-profit entities and others. For more information, please email or call customer service. To update your contact information and preferences, please visit https://www.AmericanConference.com/preference-center/ Terms & conditions and refund/cancellation policies can be found at AmericanConference.com/company/faq/ All program participants will receive an online link to access the conference materials as part of their registration fee. Additional copies of the Conference Materials available for $199 per copy. Register & Pay after February 16, 2024 Register & Pay by February 16, 2024 Register & Pay by January 12, 2024 *Team/group registrations must be from the same organization/firm and register together in one transaction. Bringing a Team?* 3–4 10% Conference Discount 5–6 15% Conference Discount 7 20% Conference Discount 8+ Call 888-224-2480 Looking to Register? Contact our Customer Service Representatives: Gonzalo Dounis, American Conference Institute G.Dounis@AmericanConference.com 1 212 352 3220 x7536 Use Registration Code: B00-999-GDS23 Mark Parrish, American Conference Institute M.Parrish@AmericanConference.com 1 212 352 3220 x7207 Use Registration Code: B00-999-MPH23 Venue Information: New York City Bar Association 42 West 44th Street, New York, NY 10036 Accommodations: Sofitel New York 45 West 44th Street Reservations: anna.li@sofitel.com or 212-782-3015 American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate at the Sofitel Hotel. To take advantage of these rates, please contact the hotel directly and quote “ACI’s March Event”. Please note that the guest room block cut-off date is February 19, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed. building Bed CLICK TO BOOK Book with confidence! Register and pay to lock in your early rate and be eligible for a full refund until March 6, 2024. If you are unable to attend for any reason, you will have the following options: y A full credit note for you, or a colleague to attend another event. y A full refund. All cancellations and changes must be submitted to CustomerService@AmericanConference.com by March 6, 2024. WORRY FREE Registration GUARANTEE Save $300 Save $200 VP, Government Affairs VP, General Counsel Compliance Director Ramesh Kumar Jean Roux Patricia Harden Miyuki Johnson VP, Manufacturing Interested in attending virtually? If you choose to attend via livestream you can expect true interaction virtually — from start to finish. Contact our customer service team at 1-888-224-2480 or customerservice@americanconference.com to learn more about this option. CONFERENCE CODE: 866L24-NYC Distinguished Co-Chairs: Monique Forrest Head of North America Legal Affairs Beiersdorf Aleen Tomassian Global Marketing Counsel The Estée Lauder Companies Inc