CD: Could you provide an overview of the extent to which the cosmetics and personal care sector is subject to regulatory initiatives, consumer activism and emerging litigation threats? What factors are driving the uptick in scrutiny?

Henry: The proposed bipartisan bill currently under consideration in congress would reform the US approach to cosmetics regulation, potentially in significant ways. It is important to understand, however, that even under the existing framework, cosmetics and personal care products are regulated in a number of ways, even if they are not subject to pre-market approval from the US Food and Drug Administration (FDA). There are federal, state and local regulations that apply to these products. Further, consumer activism can and does drive change. Consumers are more concerned than ever before about what they are putting on their bodies, are increasingly engaged digitally and socially, and are looking to brands to join them in their quest to make the world better.

Oct-Dec 2019 issue

Shook, Hardy & Bacon LLP