Covington regularly advises trade associations, including the Personal Care Products Council, and companies of all sizes on federal and state laws affecting cosmetic products. We counsel clients on interpreting and complying with regulatory requirements globally, including the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”), Federal Food, Drug, and Cosmetic Act, the Federal Fair Packaging and Labeling Act, the European Commission’s Cosmetics Regulation, the European Union’s Registration, Evaluation, and Authorization of Chemicals (REACH) Regulation, and related statutes and regulations.
Beginning in 1969, Covington has served as outside counsel to the cosmetic industry trade association, the Personal Care Products Council (formerly the Cosmetic, Toiletry, and Fragrance Association). In that capacity, we attend all meetings of the Council’s Board of Directors, Executive Committee, and Legal Executive Committee, as well as other Council meetings. We participate in federal legislative matters affecting the industry, including drafting legislative language and congressional testimony, meeting with members of Congress and their staff, and appearing as a witness at hearings on behalf of the Council. We attend meetings between Council staff and Food and Drug Administration (FDA) officials, congressional staff, and other trade associations. The firm reviews and drafts regulatory submissions made by the Council to FDA and other federal and state agencies. Whenever appropriate, we provide antitrust counseling to assure compliance with the antitrust laws.
In the late 1960s, we assisted the Council in the development of the voluntary self-regulation program that has been instrumental in helping to assure the safety of cosmetic products and their ingredients. Covington prepared the procedures under which the Council’s Cosmetic Ingredient Review (CIR) has been evaluating the safety of cosmetic ingredients since 1976.
Through our work with the Council, we stay abreast of current developments affecting all segments of the cosmetic industry. In our advice to the Council over more than forty years, we have assisted the industry in maintaining a strong record of regulatory compliance and product safety.
Based upon our extensive knowledge of the cosmetic industry, Covington provides daily advice to a wide variety of small and large companies about compliance with federal and state laws affecting cosmetic products, including matters pertaining to technical labeling requirements applicable to all cosmetics; proper designation of specific ingredients in the statement of ingredients; use of caution and warning statements in product labeling; the distinction between lawful cosmetic claims and unlawful drug claims; use of specific ingredients in cosmetic products that are also used in food or drugs; the unique regulatory status of products that are subject to both cosmetic and drug provisions; status of specific color additives; good manufacturing practices (GMP) for cosmetics; and compliance with state disclosure laws, such as the California Safe Cosmetics Act.
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