B | Litigation Working Group: Mounting a Strong Defense to Class Actions and Prop 65 Cases Targeting Cosmetics and Personal Care Products

Mar 8, 2017 1:30pm – 4:30pm

Sarah Esmaili
Arnold & Porter LLP

Maureen Gorsen
Alston & Bird LLP (Sacramento, CA)

Jeffrey Margulies
Norton Rose Fulbright US LLP (Los Angeles, CA)

In recent years, there has been an uptick in class action and Prop 65 lawsuits against cosmetic and personal care product manufacturers. State level regulations vary across the country. Prop 65 and the Safer Consumer Products Program regulations focused on protecting consumers from toxic substances, have created a whole new category of litigation. Join our panel of industry leaders who know the “ins and outs” of these cases for a deep dive into the potential hazards beauty companies face in the U.S. Topics to be discussed include:
  • Class Actions
    • Overview of the California Consumers Legal Remedies Act
    • Tactics for avoiding litigation by navigating claims and advertisements in a class action friendly state
    • Understanding potential triggers for class actions arising out of Prop 65 claims
    • Examining class actions after state or federal enforcement activity
  • Prop 65
    • Preparing your companies for Prop 65 as it approaches finality in 2018
    • How do Prop 65 and the FDA intersect?
    • Understand and avoid eliciting Prop 65 enforcement and actions against your company
    • How to handle consumer confusion about Prop 65 warnings when selling in other states
  • Safer Consumer Products Program (SPC)
    • Review of the Draft Stage 2 Alternatives Analysis (AA) Guide scheduled to be released in Fall 2016
    • Understanding the implications of this act on the formulation and manufacturing of current products