Cosmetic and Personal Care Products

Securing market share for your cosmetics and personal care products business.

Meet the team

Securing market share in the highly competitive consumer products market has never come easily. Today, manufacturers, distributors, retailers, and advertisers face new challenges and pressures.

Navigating the increasingly complex regulatory landscape which now in the U.S. includes state as well as federal regulatory schemes and emerging ingredient issues, protecting valuable intellectual property, and addressing prospective advertising and labeling issues which have become the basis for class action challenges are but a few of the many obstacles facing the industry.

Locke Lord’s lawyers have unique and deep experience in the Personal Care Industry. The group is led by counsel that have for years held leadership positions in the industry and have represented clients and industry groups in precedent-setting matters before the FDA and the FTC, the Federal agencies that have the most significant regulatory authority over the industry. Our counsel has advocated for changes in the key OTC Monographs proceedings affecting the industry as well as the FTC endorsement guidelines that were central in the FTC social media actions. Our group leaders also set precedent before both agencies on permissible cellulite claims and, through the FDA medical device clearance process, helped shape the dividing line between aesthetic products that are regulated as medical devices and those that are not. With counsel that have long and deep knowledge of the industry, we have brought together in one group the legal skills personal care companies need to succeed no matter what role they play in the industry, manufacturers, retailers, distributors and the various agencies. Our clients vary in size from emerging companies to Fortune 100 companies and with our international presence we are able to assist clients in developing international marketing and advertising programs.

Below are examples of some of the services we provide:

  • Product/ingredient and facility compliance and labeling review of FDA regulated products – Cosmetics, drugs, medical devices and dietary supplements
  • Advertising claims/substantiation review regulatory review
  • Lanham Act and false advertising counseling
  • Script/advertising advice and network clearance
  • Endorsement/testimonial compliance/social media
  • Pricing and distribution structure review, diversion, counterfeiting
  • Trademark and Patent clearance and registration, worldwide domain name protection and copyright protection
  • Intellectual property enforcement and defense
  • State regulatory matters, Prop 65, California Air Resources Board Registrations and regulations

Representation before:

  • FTC, FDA and their state and international counterparts
  • Customs and Environmental Agencies

Counseling and representation in litigation matters involving cosmetic and personal care products

  • Advertising, product litigation and intellectual property/commercial disputes, representation before advertising alternate dispute forums run by the Better Business Bureau, NAD ERSP
  • Privacy procedures counseling
  • Representation in general in broad range of commercial transactions involving regulated products and advertising and promotion including talent and spokespersons endorsements, licensing, distribution agreements, manufacturing agreements and a variety of cross-border transactions
  • General Corporate matters involving regulated products including corporate finance
Meet the team