There's More To Cosmetics Regulation Than Meets The Eye

Law360 (March 28, 2019, 2:34 PM EDT) -- A recent boost in cosmetics litigation, especially related to talcum powder, has reinvigorated a debate about the breadth of the U.S. Food and Drug Administration’s authority over cosmetic products and their ingredients.

The subject of the FDA and its action or inaction in regulation of cosmetics is being presented to countless courts and jurors in every recent cosmetic product liability action. While the debate is multifaceted, the majority of critiques all tend to be concentrated on one side of the issue.

Some litigants as well as commentators suggest that the FDA exerts no real regulatory authority over cosmetic ingredients. Others suggest...

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