Animal and Veterinary Products
The two most significant laws governing cosmetics marketed in the U.S. are the Food Drug and Cosmetic Act (FDCA) and the Fair Packaging and Labeling Act (FPLA). The FDCA prohibits both the marketing of adulterated or misbranded cosmetics and the marketing of cosmetics that are improperly labeled. Under the authority of the FPLA, FDA requires an ingredient declaration on all cosmetics and specific warnings on certain cosmetic products. Our attorneys are well-versed and knowledgeable in all areas of cosmetic regulation including:
- Product label reviews, including labeling claims and substantiation
- Ingredient reviews including reviews of color additives
- Importation and exportation
- Import Alerts
- Shipment detentions
- Consumer complaints
- FDA recalls and warning letters
Claims, Advertising, and Labeling
Claims made about a product, whether in advertising or labeling, can be the difference between whether the product is regulated by the FDA as a drug, a cosmetic, or both. Fuerst Ittleman David & Joseph helps clients formulate claims for products that are permissible and appropriate for cosmetic marketing. We are equipped to assist clients in ensuring there is adequate data and information to substantiate product claims and the safety of product ingredients. The attorneys at Fuerst Ittleman David & Joseph are also experienced in conducting reviews of product labels and labeling materials to ensure these meet the requirements established by the FPLA and FDCA. We also assist clients in crafting advertising campaigns that are compliant under FTC and FDA regulations.
Import and Export
Fuerst Ittleman David & Joseph attorneys have significant experience handling issues involving Customs and Border Patrol (CBP), and assisting clients in the importation of cosmetic products into the U.S. We help importers ensure imported products are in compliance with all state, federal, and international labeling regulations. Our team is familiar with FDA Import Alerts and regularly works with CBP and FDA personnel on shipment detentions and exporting cosmetic products internationally.
Ingredients and Color Additives
FDA regulations prohibit, or restrict, the use of certain ingredients and color additives in cosmetic products. Fuerst Ittleman David & Joseph helps clients ensure that only legal ingredients and color additives are present in their cosmetic products through formulation and label reviews.
FDA Enforcement Action
Fuerst Ittleman David & Joseph is experienced in working and communicating with FDA and CBP personnel regarding detentions of cosmetic shipments and FDA inspections. We have experience negotiating with the FDA on behalf of our clients regarding shipment detentions and Import Alerts, and we have represented clients in litigation involving cosmetics against both the FDA and private parties.
For more information, please contact us at firstname.lastname@example.org or call us directly at 305-350-5690.