Continental Networking Breakfast and Registration

Co-Chairs’ Welcome Remarks

Aleen Tomassian
Global Marketing Counsel
The Estée Lauder Companies Inc

MoCRA is Here – Now What?: Adapting to the New Regulatory Framework and Addressing Implementation Challenges

Victor Mencarelli
Director - Regulatory Affairs
Orveon Global

John W.M. Claud
Counsel
Hyman, Phelps & McNamara PC

With MoCRA officially implemented on December 29, 2023, it is crucial for industry stakeholders to understand the nuances of this transformative Act and examine how the cosmetics industry is adapting to meet FDA’s new requirements. Join us for our opening panel of industry leaders as they:

• Exchange their views on adjusting to the ever-changing regulatory landscape
• Examine the industry’s reaction to MoCRA-driven changes
• Address common industry concerns with MoCRA
• Identify best practices for compliance and plan for future phases of implementation

State Legislative Initiatives Impacting the Cosmetics and Personal Care Industries: Unveiling the Latest Developments

David C. Dilk
Director, Regulatory & Government Affairs
Givaudan

The cosmetics and personal care industries are experiencing a wave of state-level legislative initiatives focusing on enhanced consumer safety, ingredient transparency, and sustainability. This session will explore the developments in California, Maine, Washington and other states which are having a dramatic impact on the cosmetics industry.

• Analyzing California’s 2020 Toxic-Free Cosmetics Act, with a focus on the recent Assembly Bill 496, banning an extra 26 ingredients in fragrances and cosmetics
• Explore how Maine’s Safer Chemicals in Personal Care Products Act is setting new standards for ingredient transparency and consumer protection
• Learn about Washington’s efforts to promote sustainable and eco-friendly practices in the cosmetics and personal care sectors through the 2023 Toxic-Free Cosmetics Act (HB 1047)
• Understand how these state laws are reshaping consumer expectations, demands, and purchasing behaviors in the cosmetics and personal care markets
• Looking into Prop 65 litigation activity in California

Morning Networking Coffee Break

Litigation Landmines in Beauty: Protecting Your Brand from Being a Class Action Target

Kristen Klesh
Partner
Loeb & Loeb LLP

Elizabeth M. Chiarello
Partner
Sidley Austin LLP

The plaintiffs’ bar is becoming increasingly aggressive in targeting cosmetic and personal care companies in class action lawsuits. This critical session will explore the types of litigation that are currently impacting the sector, strategies to minimize risk, and potential new areas of class action risk arising from MoCRA.

• Taking a look at the latest cosmetic company practices which are triggering class action claims
• Examining proactive measures that companies can implement to reduce the risk of class action litigation, including compliance strategies, accurate product labeling, and consumer education
• Analyzing how MoCRA and heightened FDA enforcement is impacting litigation in the industry
• What litigation trends are emerging?
• Assessing recent FDA warning letters
• Preparing for enforcement and potential new class actions
• Exploring lessons from recent successes in class-action lawsuits and the utilization of federal preemption as a defense strategy

Keynote on FDA Priorities for 2024

Networking Lunch

It’s What’s On the Inside That Counts: Navigating the Latest Safety, Compliance and Litigation Challenges Associated With Contaminants in Cosmetic and Personal Care Products

Monique Forrest
Head of North America Legal Affairs
Beiersdorf

• Exploring the recurrent presence and safety concerns regarding asbestos in talc-based cosmetics
• What new authorities does MoCRA give the FDA to address asbestos exposure risks from cosmetics?
• Assessing the status of proposed FDA regulations for standard testing methods to detect asbestos in talc products
• Analyzing recent recalls of benzene-contaminated cosmetics and personal care products and the future implications for industry
• Examining the latest regulatory developments and litigation activity related to titanium dioxide
• What are the common themes, allegations and takeaways from recent litigation involving allegations of TiO2 in cosmetic and personal care products?
• Best practices for safety assessments and labeling requirements
• How companies and their counsel should be reviewing product formulations and label claims to mitigate enforcement and litigation risks associated with the presence of TiO2

Spotlight on PFAS: The Beauty Industry’s Clean-Up Call

• Examining the current regulatory framework governing the manufacturing, production, packaging, and distribution of products containing PFAS chemicals
• Exploring MoCRA’s Mandate: FDA’s 3-Year Deadline to Evaluate PFAS in Cosmetics
• Adapting to changing consumer demands for PFAS-free products
• Focusing on California’s Assembly Bill (AB) 2771 and how to ensure compliance
• Analyzing
• Oregon’s ‘Toxic-Free Cosmetics Act’, banning PFAS in cosmetics from 2027
• Washington’s Toxic-Free Cosmetics Act 2023
• Understanding PFAS testing challenges and how companies can better navigate this complex arena
• Understanding the theories that plaintiffs are relying on in PFAS contamination claims — what defense strategies are proving to withstand the latest plaintiff challenges?
• Examining how product testing/sourcing and recorded regulatory approval can yield additional defense strategies for PFAS lawsuits

Adverse Events Reporting and Recalls under MoCRA: A Blueprint for Designing Your Safety Plan

Beth P. Weinman
Partner
Ropes & Gray LLP

• Examining FDA’s recall and oversight authority with cosmetics and personal care products under MoCRA
• Identifying events which would trigger a mandatory recall under MoCRA
• Developing best practices to design and implement an FDA-mandated MoCRA recall
• Examining circumstances in which a voluntary recall is warranted
• What is the nature of the recall?
• What corrective actions should be taken?
• Implementing Adverse Event reporting protocols in compliance with MoCRA?
• When and what AER instances are manufacturers now required to report?
• Invoking crisis management protocols

Afternoon Break

ESG in Practice: Charting a Greener, More Sustainable, and Socially Responsible Path for Cosmetics and Personal Care Products

Joseph Aquilina
Senior Director & Associate General Counsel
Consumer Brands Association

Jamie Richards
Director of ESG
amika + Eva NYC

• Examining the latest industry measures to adopt and ensure compliance with ESG protocols
• Evaluating sustainable packaging as a crucial element of ESG initiatives
• Highlighting the importance of ethically sourced ingredients and the responsible treatment of labor within the cosmetics and personal care supply chains
• Understanding the importance of ESG reporting and how to align with stricter regulations to avoid legal enforcement
• Enhancing initiatives to bolster corporate social responsibility in response to the growing desire for eco-friendly products

Beauty for All: A Town Hall on Revolutionizing DEI Across the Cosmetics & Personal Care Industries

It is increasingly important that the beauty industry evolves to better reflect the diverse needs and desires of consumers. During this interactive Town-Hall segment, our panelists will shed light on the industry’s commitment to inclusivity and its response to the ever-changing landscape of consumer demands. Let your voice be heard in this unique “open floor” session, designed to give attendees an opportunity to grab the microphone and add to the dialogue. Topics of discussion will include:

• The impact of diversity-focused marketing campaigns and their role in redefining beauty standards
• Understanding how brands can deliver on their promised values to better resonate with specific diverse groups of consumers
• Listening to your audience: Leveraging communication between the consumer and your brand to better align inclusivity efforts with the needs and expectations of your target audience
• Assessing how decisions about product placement, pricing, accessibility, marketing and messaging can impact how a product is perceived from a diversity & inclusion perspective

Closing Remarks – Conference Adjourns

Continental Networking Breakfast and Registration

Co-Chairs’ Opening Remarks and Recap of Day One

Aleen Tomassian
Global Marketing Counsel
The Estée Lauder Companies Inc

Key Developments in Cosmetics Regulation from the Global Stage

Nadine Goldman
Director of Regulatory Affairs
Vivify Company

In the future, the US may also align more closely with European regulations, especially in areas like ingredient bans, animal testing, and potentially increased restrictions on certain chemicals. This alignment reflects the global trend toward increased scrutiny and regulation of the cosmetics industry, as well as heightened consumer demands for safer and more sustainable products. Moreover, the panel will address key laws and regulations globally, including China. Panelists will be:

• Analyzing the potential impact that the EU’s recent ban on animal testing will have on future alternative testing methods in the US
• Comparing and contrasting testing developments and trends in China and what may be coming down the pike
• Understanding the key changes in China’s Cosmetics Supervision and Administration Regulation (CSAR)
• Examining the disparities in fragrance allergen labeling standards between the EU and the US – how could this impact how cosmetic product ingredients are disclosed?
• Reviewing the differences between restricted substances and regulations around certain cosmetic ingredients within Europe and the US

FTC Keynote

Michael Ostheimer
Attorney
Federal Trade Commission (FTC)

Morning Networking Break

Beauty Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Consumer Reviews: NAD & FTC Townhall

Marietta Jo
General Counsel
Supergoop!

Katie Bond
Partner
Keller & Heckman LLP

Annie M. Ugurlayan
Assistant Director, National Advertising Division
BBB National Programs, Inc. (New York, NY)

Lane Verlenden
Assistant General Counsel
e.l.f. Beauty

Since we last met, the FTC released its finalized new Endorsement Guides, and also issued a proposed Rule on the Use of Consumer Reviews and Testimonials. Join us for this critical discussion of how the latest FTC guidance will impact social media advertising of cosmetics and personal care products and potential new areas of focus moving forward.

• Analyzing FTC’s guidelines for social media and influencer endorsements
• Understanding FTC’s take on dark patterns and consumer deception tactics
• Gaining insight into the current class action threats associated with environmental claims

Preserving Data Privacy and Ethical Integrity When Leveraging New Technologies in the Cosmetics Industry

Gary Mozer
Vice President, Global Digital Data & Privacy Legal Leader
Shiseido Company, Limited

Emerging technologies such as AI and the Metaverse are being increasingly utilized by beauty brands, however these promising advancements are accompanied by various critical considerations and concerns – the paramount one being privacy.

• Analyzing how the beauty industry is utilizing the Metaverse and various digital technologies including AI, ML, AR, and VR
• Reviewing state enforcement activity concerning the use of biometrics and its impact on the cosmetics industry such as the Illinois Biometric Information Privacy Act
• Identifying privacy and ethics concerns with the use biometric data
• Examining how personalized tools that incorporate artificial intelligence and biometric data (face scanning tools) can lead to privacy violations
• Assessing privacy risks in AI-based personalized tools, including face scanning tech

Generative AI Focus:

• Uncovering how generative AI is reshaping product innovation, from custom formulations to personalized beauty recommendations
• Addressing the ethical concerns and privacy considerations that come with this technological advancement

IP and Beauty Brand Resilience: Safeguarding Against Counterfeiting and Fraud

Brandee Winikoff
Assistant General Counsel
Unilever Health & Wellbeing

Join us for an insightful panel discussion into the world of intellectual property protection in the cosmetics industry. Tune in as we explore strategies to strengthen your trademark portfolio and secure your brand as well as fortify your brand’s defenses against counterfeiting and fraud.

• Examining optimal strategies for fortifying your trademark portfolio and safeguarding your cosmetics and personal care brands
• Establishing in-house safeguards to shield your brand and minimize the presence of counterfeit products
• Analyzing recent legal precedents influencing cases related to trademark infringement and counterfeit merchandise

Co-Chairs Closing Remarks and Recap of Day Two
Conference Adjourns