Class Action and Prop 65 Litigation Report for Cosmetics and Personal Care Products

Arameh O’Boyle
Member
Mintz

Claudia Lewis
Partner
Venable LLP

Emily Leongini
Partner
ArentFox Schiff LLP
The cosmetics industry has been a frequent target of class action lawsuits, with many consumers taking legal action over alleged false advertising and misleading claims. The West Coast has been a particularly active region for such litigation, with numerous high-profile cases being filed against cosmetics companies in recent years.
Class Action Activity
- Analyzing recent class action litigation activity involving product performance, false and misleading advertising, and mislabeling
- Linkage to FDA warning letters, NAD and FTC activity
- Addressing California specific litigation, and court decisions and how this may influence class action activity in the rest of the county
- Examining titanium dioxide (TiO2), PFAS, and heavy metal class actions in cosmetics and how this litigation is progressing Assessing the resurgence of the pre-emption defense and possible new interpretations under MoCRA
Prop 65 Focus:
- Identifying the latest wave of plaintiffs’ claims made under Prop 65
- Examining defenses the industry is employing