11th Annual Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - WEB

A comprehensive guide to the latest developments affecting articles intended for cleansing, beautifying, promoting attractiveness, or altering the appearance.

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11TH ANNUAL LEGAL, REGULATORY, AND COMPLIANCE FORUM ON

COSMETICS & Personal Care Products March 20 – 21, 2024 • New York City Bar Association, NY Distinguished Co-Chairs:

Key Regulatory Insights from:

Monique Forrest Head of North America Legal Affairs Beiersdorf

Aleen Tomassian Global Marketing Counsel The Estée Lauder Companies Inc

Benchmark with Leading Industry Stakeholders: • Orveon Global

• Beiersdorf

• Shiseido Company

• e.l.f. Beauty

• Supergoop!

• Givaudan

• Unilever

• L’Oréal

• Wella Company

Annie Ugurlayan Assistant Director, National Advertising Division BBB National Programs

Angle-Right MoCRA Status Report: Navigating Implementation Challenges and Newly Released FDA Guidance

Angle-Right NAD and FTC Townhall on Endorsements, Influencers and Consumer Reviews in Product Advertising

Angle-Right The United States of Beauty: Spotlight on State Legislative Initiatives Focused on the Cosmetics and Personal Care Industries

Angle-Right Spotlight on the Latest ESG and Sustainability Directives Impacting the Beauty Industry

Angle-Right Think Tanks on Compliance and Litigation Challenges Associated with PFAS and Contaminants

Angle-Right Focus Session on Preserving Data Privacy and Ethical Integrity When Leveraging AI and New Technologies in the Cosmetics Industry

PRE-CONFERENCE WORKSHOPS

The Foundation of Beauty: Cosmetics and Personal Care Products Law and Regulation 101

B

MoCRA Working Group: A 360 Degree Deep Dive Into the Essential Components of the 2022 Modernization of Cosmetics Regulation Act

Associate Sponsors

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Michael Ostheimer Attorney Federal Trade Commission (FTC)

2024 Conference Highlights Include:

• Amorepacific US

A

INDUSTRY:

GOVERNMENT:

AmericanConference.com/Cosmetics • 888 224 2480

C

POST-CONFERENCE WORKSHOP

The Science of Beauty Masterclass: A Guide for Using Scientific Evidence to Substantiate Advertising Claims for Cosmetics and Personal Care Products Networking Lunch Sponsor

Premium Exhibitor

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ACI’s 11th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products is returning to New York City on March 20th–21st.

MoCRA has ushered in a new era of government oversight for the cosmetics industry with a very short compliance timeline. Despite a six-month enforcement reprieve, the pressure on industry remains and the clock is ticking.

Although MoCRA's enforcement deadline has been moved to July 1, 2024, the urgency remains for companies to update their compliance measures in accordance with FDA requirements and newly released guidance. Adherence to MoCRA's standards is not just a regulatory imperative, but a key driver for fostering consumer confidence across the industry. Attend this event and receive the critical information you need to ensure you are on time and MoCRA ready.

State Legislative Initiatives Focusing on Cosmetics Industry Practices and Ingredients are a Steady and Evolving Area of Manufacturers’ Concerns.

For the last several years, the cosmetics and personal care industries have been targeted in state legislative initiatives focusing on enhanced consumer safety, ingredient transparency, and sustainability. It does not appear that this trend will stop anytime soon. States such as California, Washington, Maine, and Ohio are actively driving reforms and intensifying regulations on PFAS and other contaminants in cosmetic products and their packaging. We will examine this evolving trend and provide insights on these and other key area of state legislative focus.

Updated FTC Guidance Will Impact the Future of Cosmetic & Personal Care Product Advertising Since we last met, the FTC has released its finalized new Endorsement Guides as well as a proposed Rule on the Use of Consumer Reviews and Testimonials. It is critical that cosmetics companies adhere to these latest regulatory guidances when making claims about their products in advertising.

Join us to ensure your marketing practices comply with these new guidelines.

The New Tech Revolution is Transforming the Way the Cosmetics Industry Develops and Promotes their Products, Causing Rising Concerns Regarding Consumer Data Privacy As the cosmetics industry continues to adopt AI and other advanced technologies in the development and promotion of its products, there is a growing need to address data privacy concerns. With the rise of digital personalization tools and other data-driven innovations, it is critical that companies prioritize data privacy and security to protect their customers' sensitive information.

Class Action Litigation and Prop 65 Activity Continue to Keep Industry Up at Night The cosmetics and personal care industries continue to be plagued by class action litigation stemming from alleged product performance, false advertising, and labeling practices. Obtain the tactical tools needed to combat these attacks by the plaintiff’s bar.

We invite you to join us in NYC this March to meet and reconnect with colleagues and acquire invaluable insights to surmount the latest challenges facing the cosmetics and personal care community today.

We look forward to seeing you this spring!

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Distinguished Faculty CO-CHAIRS: Monique Forrest Head of North America Legal Affairs Beiersdorf Aleen Tomassian Global Marketing Counsel The Estée Lauder Companies Inc DISTINGUISHED FACULTY: Donald D. Ashley, J.D. Executive Vice President, Regulatory Compliance Greenleaf Health, Inc.

Kyle Diamantas Partner Jones Day David C. Dilk Director, Regulatory & Government Affairs Givaudan Carl D’Ruiz, M. Ph. Senior Manager, Science, Advocacy and Business Development – Personal Care, North America DSM-Firmenich

Nadine Goldman Director of Regulatory Affairs Vivify Company

Katie Bond Partner Keller & Heckman LLP

Christopher Gottfried Of Counsel Greenberg Traurig LLP

Kelly A. Bonner Attorney Duane Morris LLP

Laura Hammargren Shareholder GreenbergTraurig

Elizabeth M. Chiarello Partner Sidley Austin LLP

Laurie A. Henry Partner Shook, Hardy & Bacon LLP

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

ACI’s Cosmetics & Personal Care Products Advisory Board American Conference Institute’s Advisory board is created as a part of ACI’s ongoing effort to provide industry leading content and a world-renowned speaker faculty. This ‘inner circle’ counsels ACI on the impact of legal, regulatory, and compliance trends and emerging topic in this rapidly evolving arena.

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Jeffrey Margulies Partner-in-Charge Norton Rose Fulbright US LLP

Virginia Hill, M.S., RAC (US) Director, Product Safety & Regulatory Affairs Wella Company

Katlin McKelvie Partner Gibson Dunn

Brad M. Scheller Member Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Alexander Smith Partner Jenner & Block

Victor Mencarelli Director – Regulatory Affairs Orveon Global

Yungbi Jang General Counsel Amorepacific US, INC.

Maggie Spicer Founder Source Beauty ESG

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

Marietta Jo General Counsel Supergoop!

Stefanie Fogel Partner DLA Piper LLP

Claire Bing Founder Confiance Cosmetic Group LLC

Julian Harrell Partner Faegre Drinker Biddle & Reath LLP

Aliza Karetnick Partner Morgan Lewis & Bockius LLP

Annie Ugurlayan Assistant Director, National Advertising Division® BBB National Programs Lane Verlenden Assistant General Counsel e.l.f. Beauty

Dr. Akemi Ooka Head of Global Supply Chain Resources Independent Beauty Association

Kristen Klesh Partner Loeb & Loeb LLP

Beth P. Weinman Partner Ropes & Gray LLP

Claudia Lewis Partner Venable LLP

Michael Ostheimer Attorney Federal Trade Commission (FTC)

Craig R. Weiss President Consumer Product Testing Company

Nicole Lehr VP, Associate General Counsel and Ethics Officer L’Oréal USA

Ellen Robbins Partner Akerman LLP

Brandee Winikof Assistant General Counsel Unilever Health & Wellbeing

Rohini Gokhale Vice President & Global Marketing Counsel Estée Lauder

Jaclyn Kaczmarek Senior Counsel (Director) Ulta Beauty

Jacqueline Chan Assistant General Counsel, Regulatory & Marketing Unilever

AmericanConference.com/Cosmetics • 888 224 2480

Jeffrey Rosenthal Partner Blank Rome

Victor Mencarelli Director – Regulatory Affairs Orveon Global

Diane McEnroe Partner Sidley Austin LLP

Sharon Blinkoff Counsel Locke Lord LLP David Joyal VP, Legal – Patents Coty Inc.

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* Due to the hands-on nature of the workshops, they will only be available for in-person attendance.

Tuesday, March 19, 2024 (EST)

PRE-CONFERENCE WORKSHOPS

A

1:30pm – 5:00 pm

9:00 am – 12:30 pm

The Foundation of Beauty: Cosmetics and Personal Care Products Law and Regulation 101

microphone-alt • Virginia Hill, M.S., RAC (US), Director, Product Safety & Regulatory Affairs, Wella Company Kyle Diamantas, Partner, Jones Day This interactive workshop will set the stage for the two-day main conference by providing you with a comprehensive overview of the laws and regulations affecting cosmetics and personal care products. Points of discussion will include: • Understanding the role and authority of FDA in the cosmetics and personal care products market • Regulatory classification: Is it a cosmetic, a drug or something else? » Definitions: Identifying the difference between a cosmetic product and a drug under the Food, Drug & Cosmetics Act » Exploring circumstances in which a product can be considered a drug, medical device, dietary supplement, or consumer product » Explaining structure/function claims • Analyzing how a personal care product comes to market: Cosmetics vs. OTC drugs » Notification vs. Listing

» Labeling

» cGMPs

» OTC Monographs

• Identifying FDA requirements governing » ingredients, including color additives • Reviewing FDA versus FTC jurisdiction for advertising and promotion of cosmetics and personal care products • Comprehending pre and post market responsibilities » Complaint monitoring and investigation » Adverse event reporting » Best practices for cosmetic recalls and product reintroduction • Other “regulators” » NAD

» Consumers

» Retailers

» The States

• CPSC, EPA, other federal agencies

Media Partners

B MoCRA Working Group: A 360 Degree Deep Dive Into the

Essential Components of the 2022 Modernization of Cosmetics Regulation Act

microphone-alt • Donald D. Ashley, J.D., Executive Vice President, Regulatory Compliance, Greenleaf Health, Inc. Katlin McKelvie, Partner, Gibson Dunn Claire Bing, Founder, Confiance Cosmetic Group LLC Kelly A. Bonner, Attorney, Duane Morris LLP The enactment of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a historic milestone, marking the first instance in over 80 years where Congress has passed legislation specifically impacting cosmetics companies.

This groundbreaking Act ushers in a new era of government oversight and authority for the cosmetics market, introducing fresh federal standards for various crucial aspects such as registration, adverse event reporting, product listing, recordkeeping, recalls, safety substantiation, and more.

Join us in this essential MoCRA workshop, where our speakers will conduct an in-depth analysis of the MoCRA regulatory framework. They will guide you through the intricacies of the FDA's requirements and guidance.

Key points of discussion will include: • Analyzing how MoCRA has changed the way FDA regulates cosmetics • Understanding the implications of the newly extended compliance deadline, from December 29th, 2023, to July 1st 2024 • Examining the detailed requirements related to registration, adverse event reporting, product listing, recordkeeping, recalls, safety substantiation and more • Developing a comprehensive plan of action in view of complying with the new provisions • Understanding the implications of MoCRA for cosmetics commercialization • Assessing the impact of MoCRA on international trade and market access • Navigating evolving enforcement trends post-MoCRA implementation

Brought together a well informed bright group of people where you could learn from one another.

Partner, Locke Lord LLP

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Wednesday, March 20th, 2024 (EST) MAIN CONFERENCE DAY ONE 7:15

Continental Networking Breakfast and Registration

9:15

An Analysis of State Legislative Initiatives Impacting the Cosmetics and Personal Care Industries microphone-alt • David C. Dilk, Director, Regulatory & Government Affairs, G ivaudan

8:15

Dr. Akemi Ooka, Head of Global Supply Chain Resources, Independent Beauty Association

Co-Chairs’ Welcome Remarks

Jeffrey Margulies, Partner-in-Charge, Norton Rose Fulbright US LLP

microphone-alt • Aleen Tomassian, Global Marketing Counsel, The Estée Lauder Companies Inc Monique Forrest, Head of North America Legal Affairs, Beiersdorf 8:30

MoCRA – One Year Later: Examining how the Cosmetics Industry is Adapting to the New Regulatory Framework and Addressing Current Implementation Challenges microphone-alt • Victor Mencarelli, Director – Regulatory Affairs, O rveon Global •

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

Laura Rich, Counsel, Venable LLP

As MoCRA’s official enforcement deadline has been extended to July 1, 2024, the cosmetics industry must be diligent in updating their compliance protocols to align with new and evolving FDA directives. This panel will take a deep dive into the FDA’s latest MoCRA guidances and what industry must be doing now to ensure they are prepared for the upcoming enforcement date.

• Examining MoCRA and related FDA guidance issued thus far: » ‘New Structured Product Labeling Guidance’ » The draft guidance on registration and listing of cosmetic facilities and products • Analyzing how MoCRA has affected the beauty industry and what companies are doing to adapt • Assessing where large, small, and independent manufacturers are with devising plans for product registration, listing, and good manufacturing practices (cGMPS) • Exploring FDA’s electronic submission portal for cosmetics registration

•

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 • Exploring how Maine’s Safer Chemicals in Personal Care Products Act is setting new standards for ingredient transparency and consumer protection • Examining Washington state’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) • Understanding how these state laws are reshaping consumer expectations, demands, and purchasing behaviors in the cosmetics and personal care markets 10:00

Morning Networking Coffee Break

10:30

AI and ML in the World of Cosmetics: Navigating Data Privacy Concerns While Embracing New Technologies microphone-alt • Gary Mozer, V ice President, Global Digital Data & Privacy Legal Leader, Shiseido Company, Limited Jeffrey Rosenthal, Partner, Blank Rome Emerging technologies such as generative AI and ML are being increasingly utilized by beauty brands in the development and promotion of their products. However, these promising advancements are accompanied by various critical considerations and concerns – the paramount one being privacy.

• Analyzing how the beauty industry is utilizing various digital technologies including AI, ML, AR, and VR • Creating a framework for integrating AI and other technologies into cosmetic product development and promotion, with a primary focus on upholding data privacy and security

The choice of hot topics allowed for great discussions between speakers and participants.

Chief Marketing Counsel, Oral Care, Colgate Palmolive Company

• Reviewing state enforcement activity concerning the use of biometrics and its impact on the cosmetics industry such as the Illinois Biometric Information Privacy Act • Examining how personalized tools that incorporate artificial intelligence and biometric data (face scanning tools) can lead to privacy violations • 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

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AmericanConference.com/Cosmetics • 888 224 2480

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11:15

Spotlight on the PFAS Crisis: Examining The Beauty Industry’s Response to the Government and Consumer Clean-Up Call microphone-alt • Laura Hammargren, Shareholder, GreenbergTraurig Ellen Robbins, Partner, Akerman LLP • Analyzing the ‘No PFAS in Cosmetics Act’, introduced in the House of Representatives on November 30th • 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 PFAS timeline compliance bans in Oregon’s ‘Toxic-Free Cosmetics Act’ and Washington’s Toxic-Free Cosmetics Act 2023 • Understanding PFAS testing challenges and how companies can better navigate this complex arena • Assessing how product testing/sourcing and regulatory approval can yield additional defense strategies for PFAS lawsuits • Examining theories that plaintiffs are relying on in PFAS contamination claims -- what defense strategies are proving to withstand the latest plaintiff challenges?

• 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 2:45 3:15

Contaminants in Cosmetic and Personal Care Products: Addressing Risk and Remediation microphone-alt • Monique Forrest, H ead of North America Legal Affairs, Beiersdorf Carl D’Ruiz, M. Ph., Senior Manager, Science,, Advocacy and Business Development – Personal Care, North America, D SM-Firmenich Aliza Karetnick, Partner, Morgan Lewis & Bockius LLP

12:00

Networking Lunch Sponsored by 1:15

ESG in Practice: Charting a Greener, More Sustainable, and Socially Responsible Path for Cosmetics and Personal Care Products microphone-alt • Julian Harrell, Partner, F aegre Drinker Biddle & Reath LLP Maggie Spicer, Founder, Source Beauty ESG Stefanie Fogel, Partner, DLA Piper LLP • 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 2:00

Adverse Events Reporting and Recalls under MoCRA: A Blueprint for Designing Your Safety Plan microphone-alt • Beth P. Weinman, Partner, Ropes & Gray LLP Laurie A. Henry, P artner, Shook, Hardy & Bacon LLP Nicole Lehr, VP, Associate General Counsel and Ethics Officer, L 'Oréal USA

6 | LINKEDIN FDA-Regulated Consumer Products: Dietary Supplements, Cosmetics, OTC Drugs #ACIConferences #Cosmetics #PersonalCareProducts

Afternoon Break

• 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 4:15

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 5:00

Closing Remarks – Conference Adjourns

Thursday, March 21st, 2024 (EST) MAIN CONFERENCE DAY TWO 7:30

Continental Networking Breakfast and Registration

8:15

Co-Chairs’ Opening Remarks and Recap of Day One microphone-alt • Aleen Tomassian, Global Marketing Counsel, The Estée Lauder Companies Inc Monique Forrest, Head of North America Legal Affairs, Beiersdorf 8:30

Key Developments in Cosmetics Regulation on the Global Stage

FTC & NAD Town Hall 9:15

Beauty Under the Influence: Adhering to the Latest FTC Guidance on Endorsements, Influencers and Consumer Reviews microphone-alt • Michael Ostheimer, Attorney, Federal Trade Commission (FTC) Annie Ugurlayan, Assistant Director, National Advertising Division® (NAD), BBB National Programs

microphone-alt • Nadine Goldman, Director of Regulatory Affairs, Vivify Company

Marietta Jo, General Counsel, Supergoop!

Christopher Gottfried, Of Counsel, Greenberg Traurig LLP

Katie Bond, Partner, K eller & Heckman LLP

In the future, the US may align more closely with European regulations, particularly in areas such as ingredient bans, animal testing, as well as 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.

• 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

Lane Verlenden, A ssistant 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 • Examining problematic claims and areas of NAD and FTC focus • Gaining insight into the current class action threats associated with environmental claims 10:30

Morning Networking Break

11:00

Litigation Landmines in Beauty: Status Report on Class Action and Prop 65 Activity microphone-alt • Kristen Klesh, Partner, Loeb & Loeb LLP Elizabeth M. Chiarello, Partner, S idley Austin LLP Claudia Lewis, Partner, Venable LLP

Good presentations by subject matter experts on a wide variety of regulatory matters in the cosmetic world.

Director, Counsel, Regulatory Matter, Target Corporation

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. • Identifying 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

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• 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 12:15

IP and Beauty Brand Resilience: Safeguarding Against Counterfeiting and Fraud microphone-alt • Brandee Winikoff, Assistant General Counsel, U nilever Health & Wellbeing Yungbi Jang, General Counsel, Amorepacific US, INC. Brad M. Scheller, Member, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Join us for an insightful panel discussion into intellectual property protections in the cosmetics industry. Our panelists will explore strategies to strengthen your trademark portfolio and secure your brand as well as fortify your 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 1:00

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

* Due to the hands-on nature of the workshops, they will only be available for in-person attendance.

Thursday, March 21st, 2024 (EST)

POST-CONFERENCE WORKSHOP 2:00 – 5:30 PM

C The Science of Beauty: A Master Class on Using Reliable

Scientific Evidence to Substantiate Claims About Cosmetics and Personal Care Products

microphone-alt • Alexander Smith, Partner, J enner & Block Craig R. Weiss, President, Consumer Product Testing Company Ensuring proper claims substantiation for a cosmetic or personal care product is often a complex, fact-specific process. Even with substantial, supported, and well-designed studies, your product’s claims may still draw scrutiny from regulators and increasingly, plaintiff’s attorneys.

In this working group, we will provide the critical building blocks for ensuring proper sciencebacked claims substantiation, all with the goal of compliantly promoting your products, staying out of trouble, and winning consumer confidence. Points of discussion, include: • Identifying the types of scientific evidence needed to support beauty and wellness claims in the cosmetic and personal care product space • Assessing what the FTC is looking for when studies are evaluated for claim substantiation » Population and participants » Data and outcomes measured » Ingredient dose and formulation » Developing proper research methodologies to substantiate claims » Examining how practitioners can assess the clinical study early on in the research process • Evaluating clinical study data interpretation and how results apply to your claims • Interpreting recent FTC enforcement actions where the clinical study did not support the claim being made • Identifying implied claims and their hidden dangers • Reviewing marketing materials and promotional activities across various media outlets and social media platforms to ensure the claims are properly substantiated and supported by the clinical study • Understanding how testing differs when the cosmetic is classified as an OTC drug • Comprehending the benefits of using independent third-party testing to provide scientific support of the claims for your product • Determining the type of testing necessary to obtain clearance to market your product in » US

» UK

» Canada

» China, and other Asian market

» EU

8 | LINKEDIN FDA-Regulated Consumer Products: Dietary Supplements, Cosmetics, OTC Drugs #ACIConferences #Cosmetics #PersonalCareProducts

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C5 celebrates 40 years of excellence! We are thrilled to have provided exceptional conference experiences globally with our outstanding team, speakers, sponsors, partners, and attendees. To mark this milestone, we're launching a new logo which represents our commitment to innovation, growth, and excellence, represented by the five Cs of C5: Current, Connected, Customer-Centric, Conscientious, and Committed.

Looking back on 40 years, we are grateful for our achievements—hosting global conferences, uniting industry leaders, and supporting business growth. However, we are not done yet! We are committed to pushing boundaries and creating impactful experiences and we're excited for the next 40 years of success.

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Distinguished Co-Chairs: Monique Forrest Head of North America Legal Affairs Beiersdorf

Patricia Harden Head of Sanctions

Aleen Tomassian Global Marketing Counsel The Estée Lauder Companies Inc

Miyuki Johnson VP, Manufacturing

Please note that the guest room block cut-off date is February 19, 2024. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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CONFERENCE CODE:

866L24-NYC

Special Discount ACI offers financial scholarships for government employees, judges, law students, non-profit entities and others. For more information, please email or call customer service. *Team/group registrations must be from the same organization/firm and register together in one transaction.

To update your contact information and preferences, please visit https://www.AmericanConference.com/preference-center/.

Terms & conditions and refund/cancellation policies can be found at AmericanConference.com/company/faq/