12th Annual Legal, Regulatory and Compliance Forum on Cosmetics & Personal Care Products - WEB

EARN CLE CREDITS

12TH ANNUAL LEGAL, REGULATORY, AND COMPLIANCE FORUM ON

COSMETICS & Personal Care Products March 27–28, 2025 • New York City Bar Association, New York, NY

Key Program Highlights:

Co-Chairs: Risa Drexler

General Counsel - Personal Care North America Unilever

Elizabeth Rotenberg-Schwartz General Counsel Orveon Global

Key Insights From:

CHEVRON-RIGHT

Navigating MoCRA’s New Requirements and FDA Enforcement Actions

CHEVRON-RIGHT

Addressing ESG Risks and Environmental Marketing Claims in the Beauty Industry

CHEVRON-RIGHT

Comprehending the Impact of Extended Producer Responsibility (EPR) and Recyclability Regulations on Manufacturing and Packaging

CHEVRON-RIGHT

Tackling Contaminants: Benzene, PFAS, and Asbestos Safety Concerns

CHEVRON-RIGHT

Managing Influencer Marketing and FTC Compliance in Advertising

CHEVRON-RIGHT

Exploring Global Market Entry: Regulatory Challenges in China and Latin America

CHEVRON-RIGHT

Safeguarding Data Privacy and Trade Secrets in the evolving AI-driven landscape

Jennifer Santos

Attorney National Advertising Division BBB National Programs

Dr. Akemi Ooka

Vice President, Supply Chain and Sustainability Resources Independent Beauty Association (IBA)

Benchmark with Leading Industry Stakeholders: •

SEPHORA

•

Unilever

•

The Estée Lauder Companies Inc.

•

Sol de Janeiro

•

L'Oréal

•

Consumer Brands Association

•

Orveon Global

•

JO Cosmetics

•

SAKS OFF 5TH

•

Maesa

•

Beiersdorf, Inc.

•

Jackfir

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Workshops

A B C

Beauty and the Law 101: Introduction to Cosmetics and Personal Care Products Law and Regulations Next Stage MoCRA Working Group: Hands-On Guidance for Adverse Event Reporting, Recalls, and GMP Compliance Claims Substantiation LAB for the Beauty Industry: Interactive Working Group on Reviewing and Adjusting Marketing Claims to Avoid Legal Pitfalls

Luncheon Sponsor:

Associate Sponsors:

AmericanConference.com/Cosmetics • 888 224 2480

a C5 Group Company Business Information in a Global Context

Navigating the New Era of Cosmetics Regulation: Stay Ahead, Stay Compliant, Stay Competitive.

Two years after the enactment of the Modernization of Cosmetics Regulation Act (MoCRA), the FDA’s expanded authority over the cosmetics industry is entering a critical new stage. From safety substantiation to recalls and adverse event reporting to labeling to product registration and anticipated cGMPS and standardized contaminant testing – MoCRA continues to reshape cosmetics regulations to ensure safe products for consumers.

ACI’s 12th Annual Legal Regulatory and Compliance Forum on Cosmetics & Personal Care Products will guide you through this next phase of MoCRA compliance as well as other key legal and regulatory matters of concern for the cosmetics and personal care industry.

Our speakers will delve into critical environmental topics such as ESG and related green product claims as well as Extended Producer Responsibility (EPR) in packaging, which is becoming a key area in sustainability efforts. Further on the environmental front, contaminants and PFAS- especially under MoCRA’s PFAS mandate- continue to be a concern and area of litigation risk.

Influencer marketing continues to present new challenges to the industry nearly two years after the FTC guidance. The growing complexities of data privacy in biometrics and AI usage are presenting unique challenges which we will also explore.

The plaintiffs’ bar is still going strong with suits over misleading advertising claims and a whole host of new theories of liability. We will explore successful defense strategies offering practical solutions to ensure your company is able to navigate these complex litigation scenarios.

Our speakers will also address trade secrets protection, equipping you with the knowledge to protect your brand and safeguard your products.

Finally, we’ll explore new and developing areas of global interest for industry expansion as well as the challenges they pose.

Join us this March in New York City to learn from industry leaders, stay on top of emerging trends, and connect with peers confronting similar challenges.

Let this gathering serve as your compass as we prepare for the next wave of industry changes.

REGISTER NOW

2 | LINKEDIN FDA-Regulated Consumer Products: Dietary Supplements, Cosmetics, OTC Drugs

DISTINGUISHED FACULTY Distinguished Co-Chairs Risa Drexler

General Counsel - Personal Care North America Unilever

Elizabeth RotenbergSchwartz

General Counsel Orveon Global

Speakers Laura Alos

Associate General Counsel Maesa

Joseph Aquilina

Vice President & Deputy General Counsel Consumer Brands Association

Sharon Blinkoff

Counsel Troutman Pepper Locke LLP

Cathy Burgess

Partner Alston & Bird LLP

Maria Celis

Stefanie Fogel

Partner DLA Piper US LLP

Andrew Graap

VP - US Data Privacy Officer, Associate General Counsel – Digital L'Oréal

Erica R. Graves Partner Blank Rome LLP

Julia Hatcher Partner Latham & Watkins LLP

Christopher Hornig

VP, Assistant General Counsel Saks OFF 5TH

Nilda M. Isidro Shareholder Greenberg Traurig LLP

Brent Johnson

Partner Holland & Hart LLP

Robert J. Kiefer

General Counsel JO Cosmetics

General Manager REACH24H USA Inc.

Marcha Isabelle Chaudry, Esq.

Winston S. Kirton

Founder, Equity and Wellness Collaborative (EWC) & Of Counsel Venture Legal Advisors

John Claud

Counsel Hyman, Phelps & McNamara PC

Partner Baker Hostetler

Kristen Klesh

Partner Loeb & Loeb LLP

Paavana Kumar

Partner Davis+Gilbert LLP

Jey Kumarasamy

Raqiyyah Pippins

Christina Kwok

Charlie Razook

Emilie Lavirotte

Jane Rodriguez-Javier

Legal Director, AI Division ZwillGen

Partner Arnold & Porter Kaye Scholer LLP

Senior Counsel Beiersdorf, Inc.

Founder Jackfir

Senior Advisor Intellectual Property Sephora

Director Global Regulatory Affairs Sol de Janeiro

Claudia A. Lewis

Partner and Co-Chair of Venable’s FDA Group Venable LLP

Katie Rogers

Taryn Looney

Jennifer Santos

Special Counsel Kelley Drye & Warren LLP

VP - Senior Counsel - Global Legal Marketing: Sustainability The Estée Lauder Companies Inc.

Attorney National Advertising Division (NAD)

Aarani Stoneham General Counsel | Legal, Privacy, AI & Ethics ModiFace, Inc., a L'Oréal Group Company

Seth Mailhot

Partner Husch Blackwell

Kathleen E. McCarthy (Katie)

Simone Swafford, DRSc, MS

Partner King & Spalding LLP

CEO and Founder Vogue Regulatory

Cynthia Meyer

Partner Kleinfeld Kaplan & Becker LLP

Ashish Talati

Founding Member Talati Law Firm PLLC

Dr. Akemi Ooka

Will Wagner

Vice President, Supply Chain and Sustainability Resources Independent Beauty Association

Shareholder Greenberg Traurig LLP

Ivan Wasserman Partner Amin Wasserman Gurnani LLP

Sarah Peterman Bell Partner Farella Braun + Martel LLP

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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Sharon Blinkoff

Monique Forrest

Counsel Locke Lord LLP

Head of NA Legal Affairs Beiersdorf

Jacqueline Chan

Rohini Gokhale

Assistant General Counsel Unilever

•

Vice President & Global Marketing Counsel The Estée Lauder Companies Inc.

AmericanConference.com/Cosmetics • 888 224 2480

Nicole Lehr

SVP, Legal - Litigation, Regulatory & Ethics L'Oréal

Diane McEnroe

Partner Sidley Austin LLP

a C5 Group Company Business Information in a Global Context

PRE-CONFERENCE WORKSHOPS

Wednesday, March 26, 2025

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

9:00 am–12:30 pm (Registration opens at 8:30 am)

A

Beauty and the Law 101: Introduction to Cosmetics and Personal Care Products Law and Regulations

Kickstart your understanding of the complex legal and regulatory framework that governs cosmetics and personal care products. This interactive workshop will provide the foundational knowledge you need to navigate the evolving regulatory landscape. Key topics will include: • Understanding the FDA's Role in cosmetics and personal care products: » Overview of the FDA's regulatory authority and its impact on the market • Product Classification: cosmetic, drug, or something else?

Cathy Burgess

Partner Alston & Bird LLP

Jane Rodriguez-Javier

Director Global Regulatory Affairs Sol de Janeiro

» Defining cosmetics vs. drugs under the Food, Drug & Cosmetics Act » When products may be classified as drugs, medical devices, or dietary supplements • Understanding structure/function claims • Bringing products to market: Cosmetics vs. OTC Drugs » The difference between notification and listing requirements » Navigating cGMPs, labeling rules, and OTC Monographs • FDA requirements for ingredients » Special considerations for color additives and other regulated ingredients • Advertising and promotion: FDA vs. FTC » Jurisdictional distinctions and compliance for marketing claims • Pre- and post-market obligations » Monitoring complaints and adverse event reporting » Best practices for recalls and product reintroduction • Other regulatory influences » Retailers, consumers, state regulations, and additional federal agencies like CPSC and EPA

1:30–5:00 pm (Registration opens at 1:00 pm)

B

Next Stage MoCRA Working Group: Hands-On Guidance for Adverse Event Reporting, Recalls, and GMP Compliance

This workshop is designed to equip counsel and regulatory executives with the knowledge and practical tools needed to ensure compliance with the next stage of MoCRA compliance and deliverables. Attend and learn about MoCRA’s adverse events and recall requirements, as well as forthcoming cGMP regulations.

Maria Celis

Key Workshop Highlights:

Winston S. Kirton

• Adverse Event Reporting and Recalls: Gain practical insights on establishing robust systems for monitoring and reporting adverse events, handling recalls, and ensuring compliance with MoCRA’s stringent requirements

General Counsel JO Cosmetics

Partner Baker Hostetler

• GMP Compliance: Develop a comprehensive cGMP compliance plan in anticipation of the FDA’s release of new cosmetics cGMPs • Inspection Readiness: Explore best practices for preparing for FDA inspections, including how to implement preventive measures and conduct internal audits to maintain compliance » Mitigating the risk of receiving warning letters related to GMP violations

4 | LINKEDIN FDA-Regulated Consumer Products: Dietary Supplements, Cosmetics, OTC Drugs

DAY ONE

Thursday, March 27, 2025 7:15

Continental Networking Breakfast and Registration

8:15

Opening Remarks from the Co-Chairs Risa Drexler

General Counsel - Personal Care North America Unilever

8:30

Elizabeth Rotenberg-Schwartz General Counsel Orveon Global

MoCRA Rollout Status Report–What’s Next for the Cosmetics and Personal Care Industries?

Where Are We Now?

As MoCRA continues to reshape the regulatory landscape, understanding what comes next is essential for your business, ensuring you remain compliant and mitigate potential risks.

This panel will provide a comprehensive analysis of the progress made under MoCRA so far and explore key areas in which the FDA is expected to act.

• Examining the new administration's influence on MoCRA enforcement changes • Assessing forthcoming regulatory updates and guidance under MoCRA • Understanding upcoming FDA deadlines and potential enforcement actions • Practical steps and strategies for reporting compliance data, including safety substantiation and adverse events

9:30

Cynthia Meyer

Partner Kleinfeld, Kaplan & Becker LLP

Simone Swafford, DRSc, MS CEO and Founder Vogue Regulatory

Ashish Talati

Founding Member Talati Law Firm PLLC

The Cosmetics Industry’s Green Gamble Working Group: Assessing ESG Risks and Evaluating Environmental Marketing Claims

Join us for this exciting interactive session on the increasing scrutiny around ESG marketing claims including ethical obligations in marketing to under-age consumers.

This session will feature a tabletop exercise in which participants will break into roundtables, each reviewing a different hypothetical.

• Analyzing the rise of “environmentally friendly" claims for sunscreens, recyclable packaging, and other popular marketing hooks » Why "reef-friendly" and sustainability claims are becoming high-risk targets for litigation • Keeping ESG protocols and risks in mind when developing new products as well as product innovation

Joseph Aquilina

Vice President & Deputy General Counsel Consumer Brands Association

Erica R. Graves Partner Blank Rome LLP

Katie Rogers

Special Counsel Kelley Drye & Warren LLP

• Examining ethical concerns and regulatory requirements in Gen Alpha marketing when targeting cosmetics to minors

10:15

Morning Networking Coffee Break

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

Chief Marketing Counsel, Oral Care, Colgate Palmolive Company

REGISTER NOW

AmericanConference.com/Cosmetics • 888 224 2480

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DAY ONE | Thursday, March 27, 2025 10:45

Packaging in Focus: Navigating the Impact of EPR and Recyclability Regulations for the Cosmetics Industry

Sustainability is non-negotiable for today’s cosmetics industry. The scrutiny over plastic packaging and recyclability is intensifying for the cosmetics industry. New state extended Producer Responsibility (EPR) laws and other new state and federal regulations focusing on reducing waste and improving recyclability are reshaping how manufacturers approach packaging.

Stefanie Fogel

This panel will help your company stay compliant and avoid litigation risks by providing a roadmap for navigating these complex regulations while aligning with both U.S. and international standards.

Vice President, Supply Chain and Sustainability Resources Independent Beauty Association (IBA)

• Surveying existing and proposed EPR legislation at the state and federal levels, particularly California's groundbreaking plastics legislation and Washington's evolving framework » What can we learn from California’s new textile EPR legislation?

• Understanding how EPR laws shift the responsibility for waste management onto manufacturers, importers, and retailers, driving the push for more sustainable packaging solutions • Key insights into the recyclability of cosmetic packaging and how brands can meet increasing sustainability expectations

Partner DLA Piper US LLP

Dr. Akemi Ooka

Sarah Peterman Bell

Partner Farella Braun + Martel LLP

Will Wagner

Shareholder Greenberg Traurig LLP

• Examining the litigation risks surrounding misleading recyclability claims or noncompliance with EPR laws • Developing best practices for manufacturers navigating both U.S. and European regulations on packaging, recyclability, and waste reduction

11:45

Contaminants Under the Microscope: Navigating Safety, Litigation, and Regulatory Challenges for Cosmetics Products

Understanding the risks associated with ingredients like benzene, titanium dioxide (TiO2), and asbestos is crucial for safeguarding both consumers and your business. This panel will look at the latest developments, litigation trends, and safety concerns surrounding harmful contaminants in cosmetic and personal care products.

Nilda M. Isidro

• Benzene Contamination: Exploring recent recalls (sunscreens, dry shampoos), contamination causes and prevention

Christina Kwok

• Titanium Dioxide (TiO2): Reviewing safety concerns, best practices for labeling, and litigation updates

Shareholder Greenberg Traurig LLP

Senior Counsel Beiersdorf, Inc.

• Asbestos in Talc: Understanding FDA testing standards, asbestos contamination risks, and current class actions • Other Contaminants: Examining risks associated with microcontaminants, formaldehyde (hair relaxers) and heavy metals

12:30

Networking Luncheon Sponsored by

1:45

microphone-alt

Fireside Chat: Up Starts and Start Ups

Get an insider’s perspective from a dynamic cosmetics startup owner on how to navigate today’s ever-evolving legal and regulatory landscape.

Charlie Razook Founder Jackfir

Moderator: Elizabeth Rotenberg-Schwartz General Counsel Orveon Global

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

DAY ONE | Thursday, March 27, 2025 2:15

PFAS Status Report: MoCRA’s Mandate, State Legislation, and Litigation Risks

Our panelists will explore state level bans on PFAS as well as the MoCRA mandate to help guide you through compliance and safety standards as well as growing regulatory and legal scrutiny.

• Assessing the status of MoCRA’s PFAS mandate and its 3-year deadline for FDA evaluations of PFAS in cosmetics • Surveying state PFAS activity affecting cosmetics » California’s Assembly Bill (AB 2771) banning the manufacture, delivery or sale of any cosmetic product containing “intentionally added” PFAS

Julie (Julia A.) Hatcher Partner Latham & Watkins LLP

Seth Mailhot

Partner Husch Blackwell

» Oregon's 'Toxic-Free Cosmetics Act' (banning PFAS from 2027) and Washington's 2023 Toxic-Free Cosmetics Act • Analyzing recent PFAS-related lawsuits, particularly class actions focusing on deceptive marketing and false "green" or "safe" claims • Understanding the complexity of PFAS testing, how contamination often occurs during production, and the challenges of identifying all 9,000+ PFAS chemicals

3:00

Afternoon Break

3:30

Beauty in Developing World Markets: Contrasting Opportunities and Challenges in the Latin American and Chinese Cosmetics Markets

This panel will explore two areas of global focus for the cosmetics industry: Latin America and China. In recent year’s Latin America’s rising appeal as a key market for the cosmetics industry has made it an attractive target for expansion. While shifting regulatory dynamics, economic developments, changes in consumer demands and tariffs are having an impact on China’s cosmetics market.

John Claud

This panel will provide insights to help your company adapt its growth strategies in each region.

General Manager REACH24H USA Inc.

Counsel Hyman, Phelps & McNamara, P.C.

Robert J. Kiefer

Latin America Focus • Navigating Latin American regulations for cosmetics, focusing on compliance deadlines and registration processes • Analyzing the shift of manufacturing operations to Latin America and the potential benefits over China, including cost and supply chain resilience China Focus • Survey of China’s Cosmetics Supervision and Administration Regulation (CSAR) and the new restrictions’ impact on market entry for cosmetics companies • Understanding the implications of NMPA Circular No. 50: Recent developments and how they affect market entry and product registration • Considering the impact of possible changes in U.S.-China relations on tariffs and market entry, and how companies can adapt their strategies

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

For more information on ACI’s CLE process, visit: www.AmericanConference.com/Accreditation/CLE

EARN CLE CREDITS

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

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AmericanConference.com/Cosmetics • 888 224 2480

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DAY ONE | Thursday, March 27, 2025 Navigating AI, Biometrics, and Data Privacy in Cosmetics and Personal Care

4:15

With AI technology reshaping the cosmetics and personal care industry, companies must address legal risks and regulatory requirements surrounding data privacy and biometrics.

This panel will explore the emerging challenges with AI-driven tools, particularly those aimed at teenagers, and the evolving legal landscape surrounding biometric data.

Andrew Graap

• Exploring the emerging legal risks for cosmetics and personal care companies using AI-powered apps, especially those marketed toward teenagers

Aarani Stoneham

VP - US Data Privacy Officer, Associate General Counsel – Digital L'Oréal General Counsel | Legal, Privacy, AI & Ethics ModiFace, Inc., a L'Oréal Group Company

» How are these technologies impacting and influencing children and teenagers with respect to cosmetics products?

Jey Kumarasamy

• Examining new legal trends in Texas and Illinois regarding biometric data, and the risks of non-compliance

Legal Director, AI Division ZwillGen

• Understanding evolving privacy, data security, and liability concerns tied to these technologies • Assessing transparency and disclosure requirements when utilizing AI in personal care apps and platforms • Delving into the implications of AI for cosmetics product development, marketing, and customer interaction • Determining what is permissible in terms of data usage, AI-driven recommendations, and product claims

Cosmetics, Wine and Conversation

5:00

Select your table of choice to benefit from smaller-group benchmarking and discussion. Compare notes with your industry peers on the latest best practices and expand your network. Each table will be led by industry leaders.

MoCRA ROUNDTABLE LEADER:

Sharon Blinkoff

Counsel Troutman Pepper Locke LLP

Advertising Compliance ROUNDTABLE LEADER:

Erica R. Graves Partner Blank Rome LLP

6:00

Litigation Concerns ROUNDTABLE LEADER:

Raqiyyah Pippins

Partner Arnold, Porter, Kaye & Scholer LLP

Contaminants in Cosmetics ROUNDTABLE LEADER:

Nilda M. Isidro

Shareholder Greenberg Traurig LLP

Closing Remarks – Conference Adjourns

The C5 Group, comprising American Conference Institute, the Canadian Institute and C5 in Europe, is a leading global events and business intelligence company.

For over 40 years, C5 Group has provided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities.

Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.

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

DAY TWO

Friday, March 28, 2025 7:30

Continental Networking Breakfast and Registration

8:15

Opening Remarks from the Co-Chairs Risa Drexler

General Counsel - Personal Care North America Unilever

8:30

Elizabeth Rotenberg-Schwartz General Counsel Orveon Global

A Tale of Two Coasts: Navigating the East and West Wave of New and Pending Cosmetics Laws and Regulations

This panel will explore how regional initiatives on both coasts are continuing to influence national standards and what your company needs to know to stay ahead of the changing tide.

• Examining how California and New York continue to pioneer regulations that set the tone for broader industry standards • Understanding how state-specific regulations, including PFAS bans and other environmental concerns, are reshaping industry practices as well as federal initiatives • Understanding how California’s Prop 65 continues to influence industry practices

Marcha Isabelle Chaudry, Esq. Founder, Equity and Wellness Collaborative (EWC) & Of Counsel Venture Legal Advisors

Kristen Klesh

Partner Loeb & Loeb LLP

• Navigating overlapping state and federal regulation • Exploring current and pending state legislation having the greatest industry impact: » California's AB 2771 » Oregon's Toxic-Free Cosmetics Act (2023) » Washington’s Toxic-Free Cosmetics Act (2023) » Colorado’s PFAS Ban (HB22-1345) » New York’s Toxic Chemicals in Children’s Products Law

9:30

Litigation in Focus: Crafting Winning Defense Strategies for Class Actions in the Beauty Industry

Plaintiff’s theories/strategies on consumer class actions, which would encompass: • Examining current class action trends and key litigation risks • Analyzing innovative tactics employed by the plaintiffs' bar • Unpacking common claims in beauty litigation, from product safety and labeling to advertising controversies • Understanding potential exposure from labeling and advertising claims Defense/Settlement Tactics • Best defenses • Settlement approaches

Christopher Hornig

VP, Assistant General Counsel Saks OFF 5TH

Brent Johnson

Partner Holland & Hart LLP

Raqiyyah Pippins

Partner Arnold & Porter, Kaye & Scholer LLP

• Mitigation strategies Recent Developments/Probable Trends in Cosmetics/Personal Care Products Class Action Litigation • Exploring the impact of MoCRA’s safety substantiation and adverse event reporting requirements on current and emerging cosmetic product claims • Examining pivotal cases and recent rulings to anticipate trends and challenges in class action defense • PFAS and Talc litigation update

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AmericanConference.com/Cosmetics • 888 224 2480

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DAY TWO | Friday, March 28, 2025 10:30

Morning Networking Coffee Break

11:00

Influencing Beauty: Assessing the Impact of the Endorsement Guides on the Cosmetics and Personal Care Industries

• Understanding how the FTC guidelines have affected influencer marketing campaigns and what companies have learned about aligning marketing practices with compliance • Developing strategies for building compliant and practical influencer partnerships, from disclosure requirements to contract essentials

Paavana Kumar

Partner Davis+Gilbert LLP

Claudia A. Lewis

• Exploring the rise of AI influencers and the legal risks in cosmetics advertising, including avoiding fake reviews and misleading endorsements

Partner and Co-Chair of Venable’s FDA Group Venable LLP

• Exploring National Advertising Division’s (NAD) oversight in this area and how NAD rulings influence cosmetics marketing tactics on social media platforms

Jennifer Santos

12:00

Attorney National Advertising Division (NAD)

Innovate and Protect: Safeguarding Beauty Trade Secrets and Maintaining Brand Integrity

As the cosmetics industry continues to innovate with cutting-edge ingredients, AI technology, as well as facing evolving consumer trends, brands are seeing increased risks in the areas of intellectual property (IP) protection and regulatory compliance.

• Identifying the critical steps for safeguarding your IP in a competitive market, with a focus on trademarks, copyrights, and patents » Ensuring confidentiality agreements and legal protections are robust enough to guard proprietary formulas, production techniques, and product innovations » Key strategies for protecting trade secrets, especially in collaborative environments where brands work closely with third-party manufacturers and suppliers • Understanding the risks and ethical considerations tied to using AI for advertising, product recommendations, creation of new formulations, as well as the potential for infringement on privacy or IP rights

Laura Alos

Associate General Counsel Maesa

Emilie Lavirotte

Senior Advisor Intellectual Property Sephora

Kathleen E. McCarthy (Katie) Partner King & Spalding LLP

» Exploring the risks of IP theft or misuse when relying on AI-driven tools and platforms • Understanding the global challenges of IP protection and securing your brand and across international markets

1:00

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

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10 | LINKEDIN FDA-Regulated Consumer Products: Dietary Supplements, Cosmetics, OTC Drugs

POST-CONFERENCE WORKSHOP

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

Friday, March 28, 2025 2:00–5:30 pm (Registration opens at 1:30 pm)

C

Claims Substantiation LAB for the Beauty Industry: Interactive Working Group on Reviewing and Adjusting Marketing Claims to Avoid Legal and Regulatory Pitfalls

Welcome to our LAB, where you’ll ‘Learn, Apply and Benchmark’ proper claims substantiation techniques for the beauty and personal care industries.

Ensuring proper claims substantiation for cosmetic and personal care products is a complex, fact-specific process. Even with solid, well-designed studies, marketing claims can attract scrutiny from regulators and plaintiff’s attorneys.

To help you design solid claims, our LAB instructors will walk you through hypothetical scenarios on product claims and focus on proper claims substantiation protocols.

Taryn Looney

VP - Senior Counsel - Global Legal Marketing: Sustainability The Estée Lauder Companies Inc.

Ivan Wasserman

Partner Amin Wasserman Gurnani

We also invite you to bring your own hypothetical scenarios into the LAB for review and analysis.

What happens in the LAB, stays in the LAB! What you’ll learn: • Designing thorough studies to support the advertising and marketing claims in the cosmetics and personal care space » What scientific evidence is necessary to support beauty and wellness claims?

• Understanding what the FTC expects from clinical studies for claim substantiation, including research methodologies and data interpretation » Lessons from recent FTC enforcement actions and how to avoid similar missteps • Recognizing implied claims and hidden risks in marketing materials across media and social platforms • Testing requirements for cosmetics, with a focus on U.S., Canada, EU, UK, and Asian markets • Examining growing scrutiny over clean/natural claims and ingredient-specific marketing (e.g., preservative-free)

Upcoming Events

January 27–28, 2025 | Toronto

February 6–7, 2025 | New York, NY

April 29–30, 2025 | Chicago, IL In Collaboration with the presents:

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13th Annual Legal, Regulatory and Compliance Forum on

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May 28, 2025 | New York, NY REGISTER NOW

SUPPLEMENTS May 29–30, 2025 | New York, NY

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June 25–26, 2025 | New York, NY a C5 Group Company Business Information in a Global Context

Venue Information:

New York City Bar Association 42 West 44th Street, New York, NY 10036

Accommodations: Sofitel New York 45 West 44th Street

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Please note that the guest room block cut-off date is February 24, 2025. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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Emma McAdam VP, Government Affairs

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Jennifer Santos

Attorney National Advertising Division BBB National Programs

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Vice President, Supply Chain and Sustainability Resources Independent Beauty Association (IBA)

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In-Person Workshop B: Next Stage MoCRA Working Group

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In-Person Workshop C: Claims Substantiation LAB for the Beauty Industry

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