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Covington regularly advises trade associations, including the Personal Care Products Council, and companies of all sizes on federal and state laws affecting cosmetic products. We counsel clients on interpreting and complying with regulatory requirements globally, including the Federal Food, Drug, and Cosmetic Act, the Federal Fair Packaging and Labeling Act, the European Commission’s Cosmetics Regulation, the European Union’s Registration, Evaluation, and Authorization of Chemicals (REACH) Regulation, and related statutes and regulations.
Beginning in 1969, Covington has served as outside counsel to the cosmetic industry trade association, the Personal Care Products Council (formerly the Cosmetic, Toiletry, and Fragrance Association). In that capacity, we attend all meetings of the Council’s Board of Directors, Executive Committee, and Legal Executive Committee, as well as other Council meetings. We participate in federal legislative matters affecting the industry, including drafting legislative language and congressional testimony, meeting with members of Congress and their staff, and appearing as a witness at hearings on behalf of the Council. We attend meetings between Council staff and Food and Drug Administration (FDA) officials, congressional staff, and other trade associations. The firm reviews and drafts regulatory submissions made by the Council to FDA and other federal and state agencies. Whenever appropriate, we provide antitrust counseling to assure compliance with the antitrust laws.
In the late 1960s, we assisted the Council in the development of the voluntary self-regulation program that has been instrumental in helping to assure the safety of cosmetic products and their ingredients. Covington prepared the procedures under which the Council’s Cosmetic Ingredient Review (CIR) has been evaluating the safety of cosmetic ingredients since 1976.
Through our work with the Council, we stay abreast of current developments affecting all segments of the cosmetic industry. In our advice to the Council over more than forty years, we have assisted the industry in maintaining a strong record of regulatory compliance and product safety.
Based upon our extensive knowledge of the cosmetic industry, Covington provides daily advice to a wide variety of small and large companies about compliance with federal and state laws affecting cosmetic products, including matters pertaining to technical labeling requirements applicable to all cosmetics; proper designation of specific ingredients in the statement of ingredients; use of caution and warning statements in product labeling; the distinction between lawful cosmetic claims and unlawful drug claims; use of specific ingredients in cosmetic products that are also used in food or drugs; the unique regulatory status of products that are subject to both cosmetic and drug provisions; status of specific color additives; good manufacturing practices (GMP) for cosmetics; and compliance with state disclosure laws, such as the California Safe Cosmetics Act.
EU Regulation of Cosmetics Testing on Animals
Advise U.S. cosmetics manufacturers on EU legislation governing animal testing and other issues.
FDCA Amendments Legislation
Representation of industry stakeholders in negotiations and legislative process leading to every major amendment to the FDCA since its enactment in 1938.
Food and Cosmetics Labeling Class Actions
Represented numerous food and cosmetics companies in responding to demand letters and class actions under the California Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law arising out of alleged false and misleading statements on labels and marketing materials.
PCPC Outside Counsel
Serve as principal outside counsel to the Personal Care Products Council, attending Council meetings, preparing draft legislation and Congressional testimony, assisting in regulatory litigation, advising on all aspects of FDA regulation, and providing advice on a wide variety of trade association matters.
NAFTA Certification of Origin Verification Audit
Assisted a cosmetics company to prepare for a NAFTA certification of origin verification audit.
May 21, 2020, Covington Alert
Slack-fill class actions have been proliferating. The vagaries of the definition of “nonfunctional slack fill” have made food, candy, and cosmetics manufacturers easy prey. But after the Second Circuit’s May 11 decision in Critcher v. L’Oréal USA Inc., slack-fill claims against cosmetics manufacturers will be harder to bring. Courts are now more likely to find ...
Sarah Cowlishaw Named to The Lawyer “Hot 100”
January 28, 2020
LONDON—The Lawyer has named London life sciences partner Sarah Cowlishaw to its “Hot 100,” a list that recognizes the most daring, innovative and creative lawyers from in-house, private practice and the Bar around the U.K. The Lawyer highlighted Ms. Cowlishaw’s work for biotech company Sensyne Health on regulatory matters related to its AIM IPO and her ongoing ...
July 31, 2018, Medtech Insight
Wade Ackerman is quoted in Medtech Insight regarding the FDA’s software pre-certification program and what that means for device and digital health firms interested in getting new products to the market. Mr. Ackerman says, "The agency has been transparent in that it is considering various legal mechanisms available to the agency to establish the program – ...
May 2018, Covington Alert
The Nagoya Protocol to the Convention on Biological Diversity entered into force on 12 October 2014. It imposes a complex set of multi-jurisdictional compliance obligations on businesses active in the cosmetics, food, pharmaceutical and other life science sectors. It now has more than 100 contracting parties, including the European Union.
February 6, 2018
LOS ANGELES—The Los Angeles Business Journal recognized Wade Ackerman and Aaron Lewis in its second annual list of the most influential diverse lawyers in Los Angeles. The list recognizes 50 "stellar diverse lawyers in the LA region." In Mr. Ackerman’s profile, the Business Journal emphasized his work in the FDA regulatory space. The profile noted that “with a ...
February 5, 2018, Inside Health Policy
Inside Health Policy highlights a Covington alert in an article regarding FDA's approach to the regulation of cosmetics. "As we begin 2018, the cosmetic industry marketing products in the United States faces a range of legal and regulatory considerations -- from labeling and marketing claims to ingredient safety and environmental issues," the alert says.
January 24, 2018, Covington Alert
As we begin 2018, the cosmetic industry marketing products in the United States faces a range of legal and regulatory considerations – from labeling and marketing claims to ingredient safety and environmental issues. This alert for our cosmetic clients analyzes federal regulatory activities in 2017 and summarizes key issues to consider for 2018, including ...
FDA Announces Broad Plan to Improve and Expedite Dissemination of Recall Information to Consumers
January 22, 2018, Covington Alert
FDA announced the availability of a new draft guidance in last Friday’s Federal Register that Commissioner Gottlieb explains describes FDA’s policy on public warning and recall notifications, which “gives industry clear direction on how to navigate and work with the FDA to make sure recalls are communicated promptly,” and “will empower consumers by providing ...
Life Sciences Group Of The Year: Covington & Burling
February 10, 2017, Law360
Law360 selected Covington’s Life Sciences practice as a “Practice Group of the Year,” highlighting the firm’s involvement in billion-dollar transactions, success in contentious litigation, and regulatory advice on cutting-edge technology. According to Michael Labson, “What we offer and bring to complicated, complex issues is a mixture of deep subject-matter ...
Six Covington Lawyers Named Law360 MVPs
January 3, 2017
WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
Food & Beverage MVP: Covington's Jessica O'Connell
December 20, 2016, Law360
Law360 selected Jessica O’Connell as a 2016 Food & Beverage MVP and profiled her involvement in FDA’s decision to review its “healthy” labeling regulations after convincing the agency to refrain from taking legal action against Kind LLC over allegedly misleading labeling of snack bars. According to O’Connell, her intimate understanding of the FDA was helpful as ...
October 2016, Bio-Science Law Review
September 21, 2016, Covington Alert
On September 21, 2016, the Court of Justice of the EU (CJEU) delivered its judgment in Case C-592/14 European Federation for Cosmetic Ingredients v UK Secretary of State for Business. The Court has ruled that animal tests performed outside the European Union (EU) to comply with non-EU rules should not be used for the product safety assessment to gain access to ...
August 31, 2016
LOS ANGELES—Wade Ackerman has joined Covington as a partner in its Food, Drug, and Device practice, resident in Los Angeles. Until June 2016, Mr. Ackerman served as Senior FDA Counsel to the U.S. Senate Health, Education, Labor & Pensions Committee. In this role, he has been intimately involved in legislative initiatives, oversight hearings, and other Senate ...
EU Law and Life Sciences - Cosmetics: Managing Online Sales to Protect Your Brand
May 12, 2016, Webinar
August 28, 2013, Covington E-Alert
April 24, 2012, Covington E-Alert
June 22, 2011, Covington E-Alert
Reminder -- Deadline For Reporting Cosmetic Products Under the California Safe Cosmetics Program
September 15, 2009, Covington E-Alert
Recent Developments Relating to Product Diversion
1999, Cosmetic Toiletry & Fragrance Association Legal & Regulatory Conference