Agenda
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Pre-Conference Workshops
In-Person Workshop A — The Foundation of Beauty: Cosmetics and Personal Care Products Law and Regulation 101
Mar 19, 2024 9:00am – 12:30 PM
Speakers
Kyle Diamantas
Partner
Jones Day
Virginia Hill, M.S., RAC (US)
Director, Product Safety & Regulatory Affairs
Wella
In-Person Workshop B — MoCRA Comprehension Hub : A 360 Degree Deep Dive Into the Essential Components of the 2022 Modernization of Cosmetics Regulation Act
Mar 19, 2024 1:30pm – 05:00 PM
Speakers
Donald D. Ashley, J.D.
Executive Vice President, Regulatory Compliance
Greenleaf Health, Inc.
Kelly A. Bonner
Attorney
Duane Morris LLP
Claire Bing
Founder
Confiance Cosmetic Group LLC
Day 1 - Wednesday, March 20, 2024
Day 2 - Thursday, March 21, 2024
7:30 |
Continental Networking Breakfast and Registration |
8:15 |
Co-Chairs’ Opening Remarks and Recap of Day One |
8:30 |
Key Developments in Cosmetics Regulation from the Global Stage |
9:15 |
FTC & NAD TownhallBeauty Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Consumer Reviews |
10:30 |
Morning Networking Break |
11:00 |
Litigation Landmines in Beauty: Status Report on Class Action and Prop 65 Activity |
12:15 |
IP and Beauty Brand Resilience: Safeguarding Against Counterfeiting and Fraud |
1:00 |
Co-Chairs Closing Remarks and Recap of Day Two
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Post-Conference Workshop
In-Person Workshop C — The Science of Beauty: A Master Class on Using Reliable Scientific Evidence to Substantiate Claims About Cosmetics and Personal Care Products
Mar 21, 2024 2:00pm – 05:30 PM
Speakers
Craig R. Weiss
President
Consumer Product Testing (Fairfield NJ)
Day 1 - Wednesday, March 20, 2024
7:15 |
Continental Networking Breakfast and Registration |
8:15 |
Co-Chairs’ Welcome RemarksMonique Forrest Aleen Tomassian |
8:30 |
MoCRA – One Year Later: Examining how the Cosmetics Industry is Adapting to the New Regulatory Framework and Addressing Current Implementation ChallengesVictor Mencarelli John W.M. Claud Laura Rich With MoCRA officially implemented on December 29, 2023, it is crucial for industry stakeholders to understand the nuances of this transformative Act and examine how the cosmetics industry is adapting to meet FDA’s new requirements. Join us for our opening panel of industry leaders as they:
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9:15 |
An Analysis of State Legislative Initiatives Impacting the Cosmetics and Personal Care IndustriesDavid C. Dilk Akemi Ooka Jeffrey Margulies 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.
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10:00 |
Morning Networking Coffee Break |
10:30 |
AI and ML in the World of Cosmetics: Navigating Data Privacy Concerns While Embracing New TechnologiesGary Mozer Jeffrey Rosenthal Emerging technologies such as AI and the Metaverse are being increasingly utilized by beauty brands, however these promising advancements are accompanied by various critical considerations and concerns – the paramount one being privacy.
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11:15 |
Spotlight on the PFAS Crisis: Examining The Beauty Industry’s Response to the Government and Consumer Clean-Up CallLaura Hammargren Ellen Robbins
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12:00 |
Networking Lunch
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1:15 |
ESG in Practice: Charting a Greener, More Sustainable, and Socially Responsible Path for Cosmetics and Personal Care ProductsMaggie Spicer Stefanie Fogel Julian Harrell
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2:00 |
Adverse Events Reporting and Recalls under MoCRA: A Blueprint for Designing Your Safety PlanBeth P. Weinman Laurie A. Henry Nicole Lehr
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2:45 |
Afternoon Break |
3:15 |
Contaminants in Cosmetic and Personal Care Products: Addressing Risk and Remediation
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3:30 |
Contaminants in Cosmetic and Personal Care Products: Addressing Risk and RemediationMonique Forrest Carl D’Ruiz, M. Ph. Aliza R. Karetnick
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4:15 |
Beauty for All: A Town Hall on Revolutionizing DEI Across the Cosmetics & Personal Care IndustriesIt 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 Topics of discussion will include:
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5:00 |
Closing Remarks – Conference Adjourns |
Day 2 - Thursday, March 21, 2024
7:30 |
Continental Networking Breakfast and Registration |
8:15 |
Co-Chairs’ Opening Remarks and Recap of Day OneAleen Tomassian Monique Forrest |
8:30 |
Key Developments in Cosmetics Regulation from the Global StageNadine Goldman Christopher Gottfried Miki Kolton In the future, the US may also align more closely with European regulations, especially in areas like ingredient bans, animal testing, and potentially 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. Moreover, the panel will address key laws and regulations globally, including China. Panelists will be:
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9:15 |
FTC & NAD TownhallBeauty Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Consumer ReviewsAnnie M. Ugurlayan Marietta Jo Katie Bond Lane Verlenden Michael Ostheimer 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.
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10:30 |
Morning Networking Break |
11:00 |
Litigation Landmines in Beauty: Status Report on Class Action and Prop 65 ActivityKristen Klesh Claudia A. Lewis Elizabeth M. Chiarello 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.
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12:15 |
IP and Beauty Brand Resilience: Safeguarding Against Counterfeiting and FraudBrandee Winikoff Yungbi Jang Brad M. Scheller Join us for an insightful panel discussion into the world of intellectual property protection in the cosmetics industry. Tune in as we explore strategies to strengthen your trademark portfolio and secure your brand as well as fortify your brand’s defenses against counterfeiting and fraud.
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1:00 |
Co-Chairs Closing Remarks and Recap of Day Two
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In-Person Workshop A — The Foundation of Beauty: Cosmetics and Personal Care Products Law and Regulation 101
Kyle Diamantas
Partner
Jones Day
Virginia Hill, M.S., RAC (US)
Director, Product Safety & Regulatory Affairs
Wella
What is it about?
Workshop is available In-Person only.
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
- Labeling
- cGMPs
- OTC Monographs
- Identifying FDA requirements governing
- Ingredients, including color additives
- 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”
- Retailers
- Consumers
- The States
- CPSC, EPA, other federal agencies
In-Person Workshop B — MoCRA Comprehension Hub : A 360 Degree Deep Dive Into the Essential Components of the 2022 Modernization of Cosmetics Regulation Act
Donald D. Ashley, J.D.
Executive Vice President, Regulatory Compliance
Greenleaf Health, Inc.
Kelly A. Bonner
Attorney
Duane Morris LLP
Claire Bing
Founder
Confiance Cosmetic Group LLC
What is it about?
Workshop is available In-Person only.
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) marks the first time in over 80 years that Congress and the President together have passed legislation affecting cosmetics companies specifically. The Act has initiated a brand-new era of government oversight and authority for the cosmetics market, including new federal standards for registration, adverse event reporting, product listing, recordkeeping, recalls, safety substantiation and more.
Join this essential MoCRA primer where our workshop leaders will provide an in-depth analysis of the new cosmetics regulatory framework and help you and your company navigate FDA’s new requirements and guidance. Points of discussion will include:
- Analyzing how MoCRA has changed the way FDA regulates cosmetics
- Need something on MoCRA requirements
- Developing a comprehensive plan of action in view of complying with the new provisions
- Understanding the implications of MoCRA for cosmetics commercialization
In-Person Workshop C — The Science of Beauty: A Master Class on Using Reliable Scientific Evidence to Substantiate Claims About Cosmetics and Personal Care Products
Craig R. Weiss
President
Consumer Product Testing (Fairfield NJ)
What is it about?
Workshop is available In-Person only.
Ensuring proper claims substantiation for a cosmetic or personal care product is often a complex, fact-specific process. Even with substantial, well-designed studies, claims and their support 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 science-backed 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