Corporate Disputes interviewed Shook Partner Laurie Henry on regulatory and litigation developments in the personal care products industry. The Q&A article discusses bipartisan legislation that could reform the U.S. approach to cosmetics regulation, increased areas of litigation and recommended actions when facing a potential lawsuit centered on a personal care product. "We continue to see a marked emphasis from consumers on the ingredients in cosmetics and personal care products," Henry explains. "Consumers can locate this information more easily than ever before, and it has led to increased scrutiny of what ingredients are present in a product and what risks and downstream effects those ingredients may have."
Henry notes that companies should be prepared to provide evidence for any marketing claims. "Cosmetics and personal care products companies should be certain of their substantiation of claims," she explains. "Without proper substantiation, companies are vulnerable to lawsuits. Companies should ensure that they have robust substantiation so that, if they are named in a predatory lawsuit, they are in the best possible position to defend against such claims." Henry also points out that the rise of social media has led to closer contact between a brand and its consumers, which could lead to marketing claims made in seemingly casual settings that still require substantiation.