With the increased scrutiny directed toward cosmetic companies by the FDA, cosmetic companies turn to Ropes & Gray’s seasoned attorneys to help them navigate successfully the industry’s complex regulatory environment.
Our attorneys have advised cosmetic companies on numerous regulatory issues, including manufacturing, labeling, and advertising and promotional issues. We routinely counsel clients on the dividing line between cosmetic claims and drug claims, Federal Trade Commission substantiation requirements, cosmetic appliance issues, social media policies, combination product and co-packaging, green claims, and related issues.
Our cosmetics practice includes responding to FDA Warning Letters, import detentions, import alerts, recalls, FTC investigations, and challenges brought before the National Advertising Division of the Better Business Bureau.
In addition to our regulatory experience, we have significant experience in representing cosmetic companies and other consumer brand companies on a variety of transactional matters, including mergers & acquisitions, licensing and collaboration agreements, and joint ventures. We also routinely conduct due diligence on cosmetic companies.
Our industry experience includes representation of:
- Premium cosmetic provider Bare Escentuals, a leader in the mineral-based cosmetic market, in its $1.7 billion sale to Shiseido, a manufacturer and marketer of cosmetics, cosmetic equipment and toiletries in Japan.
- Smashbox Beauty Cosmetics, a provider of beauty care products, in its sale to Estee Lauder Companies Inc.
- A leading cosmetic company in responding to import detentions.
- A leading cosmetic company before Congress and FDA regarding appropriate regulation of cosmetic appliances.
- A leading cosmetic company in conducting product recalls.
- A leading cosmetic company in a lawsuit against an ingredient supplier.
- A leading cosmetic company in a recall conducted by the U.S. Consumer Product Safety Commission due to packaging-related issues.