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

September 29, 2023 8:30am

Arameh O’Boyle

Claudia Lewis
Venable LLP

Emily Leongini
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