Overview
Cosmetics are FDA-regulated; however, FDA has limited jurisdiction over cosmetics products, and they are not FDA-approved. Products considered cosmetics also can intersect with other product categories under the scope of FDA, such as drugs. Panelists will discuss what products constitute “cosmetics” under the Federal Food, Drug, and Cosmetic Act (FD&C Act), when cosmetics cross into classification as a drug, and advertising claims surrounding the cosmetic industry. Legal issues and challenges in the cosmetic industry, such as Polyfluoroalkyl Substances (PFAS), relevant federal and state laws, and what to expect in the future, also will be addressed.
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Speakers
Prashiela Manga, Deputy Director, CFSAN’s Office of Cosmetics and Colors, FDA
Jessica O’Connell, Partner, Covington & Burling LLP
Riëtte van Laack, Director, Hyman, Phelps & McNamara, PC
Moderated by Suzie Trigg, Partner, Haynes Boone LLP
JESSICA P. O’CONNELL is a partner in Covington & Burling’s Food and Drug practice group in Washington, DC. She advises companies and trade associations on complying with U.S. regulatory requirements enforced by FDA, USDA, FTC, and state regulators for the manufacture and sale of foods, dietary supplements, cosmetics, OTC drugs, and animal products, and the import and export of all FDA and USDA-regulated products. Before joining Covington, she was an Associate Chief Counsel in FDA’s Office of Chief Counsel. While at FDA, Jessica counseled various components of FDA and HHS on legal issues primarily related to cosmetics, foods, and dietary supplements. Jessica received a bachelor’s degree in biology and physics from the University of Virginia, an MPH from Johns Hopkins, and a JD from Georgetown University Law Center.
SUZIE TRIGG helps companies lawfully market FDA regulated consumer products, including foods, dietary supplements, and cosmetics. Trigg reviews the use of specific ingredients and product claims to reduce potential challenges. Suzie also frequently advises on strategies intended to reduce the risk of a product recall or potential enforcement. In addition to providing regulatory guidance, Trigg leads a range of sophisticated commercial transactions. Trigg helps retailers, restaurant chains, and consumer products companies to structure, negotiate, and document transactions, tackle critical supply-chain challenges, and pursue strategic growth opportunities. Trigg also provides focused support for securities offerings and mergers and acquisitions.
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