Litigation Landmines in Beauty: Status Report on Class Action and Prop 65 Activity

March 21, 2024 11:00am

Kristen Klesh
Loeb & Loeb LLP

Claudia A. Lewis
Venable LLP (Washington, DC)

Elizabeth M. Chiarello
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
Prop 65 Focus:
  • Identifying the latest wave of plaintiffs’ claims made under Prop 65 • Examining defenses the industry is employing
Spotlight on Chemical Hair Relaxer Litigation
  • Examining the recent wave of products liability and consumer protection lawsuits against hair relaxing/straightening products
  • Analyzing the allegations, common themes, legal nuances and takeaways from these actions
  • Understanding how companies and their counsel should be reviewing product formulations and label claims to mitigate litigation risks associated with the presence of allegedly harmful phthalates, parabens or phenols