Ahead of its biannual Sunscreen Symposium, the Florida Chapter of the Society of Cosmetic Chemists held a one-day Continuing Education Course. One speaker, Attorney Ronie Schmelz, a partner at K&L Gates, provided advice on making product claims for a range of products, including over-the-counter formulas, such as sunscreens.
“It’s been a long, slow march to regulating sunscreens,” she warned attendees. “And it seems like it’s just getting started.”
In her presentation, Schmelz reviewed regulations and regulators at the federal level, including the US Food and Drug Administration, the Federal Trade Commission and the National Advertising Division of the Better Business Bureau. At the state level, California leads the way, but Washington is more aggressive due its Toxic Free Chemicals Act.
But perhaps the biggest threat to a company’s financial security comes from consumers themselves. More attorneys are taking FMCG companies to court. These class action lawsuits take up a lot of resources and can end costing marketers millions of dollars if they lose in court.
