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Section: Regulations > Safety

J&J, in the meantime, is suing four doctors who published studies linking talc-based personal care and cancer based on 'junk science,' per Reuters.

J&J's Second Talc-related Bankruptcy Attempt Denied

For a second time this year, the courts have ruled against Johnson & Johnson's (J&J's) appeal to file for bankruptcy under the subsidiary LTL Management to settle talc-related suits.

While the company stands by its science, it is ending the global sales of baby powder containing mineral starch and switching to a formula based on corn starch,

$18.8 M Payout in J&J Talc Lawsuit Could Upset Settlement Offer

The ruling could sway individuals in the tens of thousands of other cases to also pursue claims in front of a jury, pressuring the judge overseeing the settlement case.

Talc Bottle Tipped J&j Ltl Management Talc Settlement Adobe Stock 488810926

J&J's Talc Bankruptcy Settlement to be Put to the Test

Reuters reports J&J's second appeal for a proposed $8.9 billion settlement and bankruptcy claim through subsidiary LTL Management will be tested this week as a New Jersey judge reconsiders the company's eligibility.

The bigger impact is that concerns over the potential endocrine-disrupting effects of bisphenols will no doubt put other cosmetic ingredients with the same alleged effects front and center (again), drawing interest from regulators.

Endocrine Disruptors in the EU, SCCS Opinions and NGO Pressure to Crack Down

From November 2022–February 2023, organizations in seven European Union member states tested 121 products and found bisphenols of high concern in 47 of them, per Chemical Watch. NGOs are urging regulators to impose stricter regulation on all bisphenols.

L to R: Jaeran Lee, Ph.D., president of KCII and Anne Marie Api, Ph.D., president of RIFM.

RIFM and Korean Institute Finalize Fragrance Safety Assessment and Regulatory Information Collab

RIFM president Anne Marie Api, PhD., commented, “The signing of this Memorandum of Understanding, or MoU, with KCII marks another significant step forward in ensuring that the world can safely enjoy their favorite fragranced products."

The guides are regularly revised to incorporate the progress of scientific knowledge in general and the experience gained particularly in the field of testing and safety evaluation of cosmetic ingredients.

11 Changes to SCCS Guides for Cosmetics Safety Testing — Plus a Note on 'Nano'

The European Union's (EU's) Scientific Committee on Consumer Safety (SCCS) recently updated its notes of guidance (NoG) for cosmetics and cosmetic ingredient safety testing, emphasizing alternatives to animal testing and more.

The legislation follows recent negative reports about materials such as PFAS and formaldehyde, including a 2022 NIH study that noted, 'Women who used chemical hair straightening products were at higher risk for uterine cancer compared to women who did not report using these products.' These concerns have most often impacted Black women in particular, but could conceivably also impact any person with textured hair.

Washington State Law Addresses Cosmetic Chemicals Targeting 'Vulnerable' Populations

As of January 1, 2025, the law prevents the manufacture, sale and distribution of products containing the targeted materials.

In short, AB 2771 is a complete ban up and down the supply chain on the intentional inclusion of PFAS chemicals in cosmetic products, and companies have a little under two years to prepare for and comply with the ban. Here's how.

What California’s PFAS Law Could Mean for the Cosmetics Industry Nationwide

While it is not entirely possible to avoid potential litigation, companies can reduce their risk of suit by paying close attention to labelling, advertising and other representations about the safety, contents and ESG impacts of their products.

On May 8, 2023, a federal judge ordered J&J and the attorneys representing the plaintiffs to begin settlement negotiations while the second bankruptcy filing is reviewed.

J&J's $8.9 B Talc Offer Rejected, Mediations Ordered, Bankruptcy Revisited

Last month, J&J agreed to pay $8.9 billion through subsidiary LTL Management to settle lawsuits alleging its talc products caused cancer. Mediations to negotiate those settlements have been ordered while a second bankruptcy filing is under review.

Proposals for the restriction of PFAS will be accepted by the ECHA through Sept. 25, 2023.

ECHA Updates: 8 Chemicals for REACH Authorization and Call for PFAS Proposals

The ECHA proposed adding eight chemicals to the REACH Authorization list, including some cosmetic ingredients. The agency also is calling for PFAS proposals, and it shared consultations on conforming restriction proposals and SEAC draft opinions.

The FDA reminded consumers to check its blacklist of hand sanitizers they should not use due to methanol content, insufficient active ingredient or false and misleading/unproven claims.

FDA on Hand Sanitizers, Topical Irritation Testing and Biosimilars

Recent FDA activities include education for consumers on hand sanitizers and biosimilars, and guidance for testing the irritation/sensitization potential of topicals in relation to abbreviated new drug applications. Following is a roundup.

Product safety is paramount for fast-moving consumer goods such as cosmetics and personal care products. Recent recalls and class action suits highlight this fact.

Benzene, Methanol and Lead Headline Recent Class Actions and FDA Alerts

Methanol in hand sanitizers and lead in a baby skin care are cited in the latest U.S. Food and Drug Administration recall notices, while benzene content in dry shampoo and spray sunscreens persists among class action suits. Following is a roundup.

'This new Brazilian norm is a welcome next step in the right direction ... However, a domestic testing ban on its own will not prevent the import and sale of newly animal-tested cosmetics from other countries.'

Brazil Prohibits Animal Testing for Cosmetics, Mandates Alternatives

The use of vertebrate animals, except human beings, in the R&D and quality control of personal hygiene products, cosmetics and perfumes that use ingredients or compounds with safety and efficacy already scientifically proven is prohibited.

While some (if not many) of these allegations may be unfounded or misguided, it underscores the critical role of safety and toxicity testing even under non-typical product use conditions.

Unilever, J&J, Olaplex and L'Oreal Still Treading Legal Waters Over Lilial, Benzene

Olaplex, Redken, OGX, Dove, Nexxus, Suave, Tigi and Tresemmé brands are still making headlines as they tread legal waters over alleged Lilial and benzene content. Following are recent updates.

The chemicals include some borate compounds, lily aldehyde, cyclotetrasiloxane, trichloroacetic acid, styrene and certain colors (see full list below).

[update] 26 More Chemicals That Could Get Your Products Banned in California

Assembly Bill 496, introduced on Feb. 7, 2023, proposes the addition of 26 chemicals to the state of California's existing Toxic-free Cosmetics Act. If passed, the bill would ban cosmetics containing them from being sold in the state.

These examples clearly call into question what it means to consumers when they see the 'reef friendly' claim on a label.

'Reef Friendly' Claims Put Hain Celestial, Hawaiian Tropic in the Hot Seat

While Edgewell's Hawaiian Tropic sunscreen was dismissed from the alleged deceptive claim of "reef friendly," Hain Celestial's Alba Botanica is still in the hot seat. How are reef safe claims being interpreted?

PFAS are used in cosmetic products to condition and smooth the skin, or to adjust product consistency and texture. They may also be unintentionally added and present as impurities.

Five European Nations, ECHA Propose PFAS Bans/Restrictions

Five European nations submitted a proposal in January to the European Chemicals Agency (ECHA) to restrict and/or ban PFAS. The agency released details of the proposal on Feb. 7, 2023, and announced next steps.

A letter from the FDA to Valisure, dated Dec. 5, 2022, highlighted 'methodological deficiencies' and 'analytic descrepancies' in the company's testing.

FDA, Unilever and GSK Challenge Valisure's Benzene Findings, Test Methods

The FDA recently raised concerns over the test methods of Valisure, the Connecticut-based lab whose reports over benzene in sunscreen and dry shampoo products from Unilever, GSK and others have prompted recalls and class action suits.

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