About the Course
Introduction
This CLE webinar will discuss common and emerging liability theories in class actions targeting cosmetics and personal care products, the effect of increased inclusion of testing results in complaints, and how litigation over cosmetics and personal care products compares with food and beverage class actions.
Description
Class action litigation concerning cosmetics and personal care products is accelerating in tandem with increased federal scrutiny by way of the Modernization of Cosmetics Regulation Act and enhanced state action, including regulating ingredients or their amounts in cosmetics. The FDA has launched its Adverse Event Reporting System (FAERS) Public Dashboard for Cosmetic Products and also embarked on an initiative to integrate multiple disparate adverse event reporting systems across medical products, devices, tobacco, food, cosmetics, and veterinary medicines.
Some class lawsuits have sought damages for implied drug claims and misbranded drugs (unapproved drugs), but much class litigation relies on allegations of purported false advertising ("natural" or "unscented"), deceptive packaging (slack fill), misrepresentation of company practices (greenwashing), product liability (products do not perform as advertised), or "unacceptable" levels of some ingredient not part of the manufacturing process. Some commentators have drawn comparisons with food and beverage class lawsuits.
One special aspect of cosmetics and personal care product class actions is that plaintiffs frequently include product testing results in their complaints. The test results have sometimes backfired on plaintiffs and defendants have used them to demonstrate lack of standing in some jurisdictions if the testing was not done on the actual product or products that the plaintiff purchased. On the other hand, tests sometimes identify ingredients or alleged contaminants that result from degradation or environmental contamination and were not part of the product formulation. Plaintiffs then allege the presence of certain substances at "unacceptable" levels, despite there being no consensus about what constitutes "safe" levels or who determines what is "safe."
Listen as our experienced panel discusses this fast-growing category of class action litigation and offers insights from possible similar categories of class actions.
Presented By
Mr. Hamilton is an experienced litigator who represents companies in their most crucial disputes with their competitors and customers. Prior to joining Ballard Spahr, he was a partner at a Chambers-ranked law firm and led all litigation for a publicly traded company. Mr. Hamilton has acted as lead counsel in class actions, including false advertising, false labeling, and deceptive practices. He has also represented clients in intellectual property rights disputes involving patents, trade secrets, product liability, employee mobility, and fiduciary duties.
With over a decade of experience managing complex consumer litigation, Ms. Jost knows that success requires a multi-faceted approach—understanding the product, as well as the client’s goals, business model, industry, and the regulatory framework in which it operates. She forged her litigation skills by defending clients in dozens of high-stakes class actions and mass actions and several of the largest multidistrict ligations (MDLs) in the U.S. Ms. Jost's practice centers on the defense of consumer product, medical device, pharmaceutical, and health care companies, including Fortune 100 companies, in consumer class actions, product liability actions, and other mass torts. By tailoring her insights accordingly, she effectively guides clients in developing effective litigation strategies and making decisions that benefit both their position in litigation and as related to their market, their customers, and any regulatory oversight. Ms. Jost also counsels clients on strategies to minimize risk, limit product liability and other litigation, and regulatory compliance.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, October 28, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Regulatory framework of cosmetics and beauty products
II. Cosmetic vs. supplement vs. drug claims
III. Claims based on vague and unqualified claims
IV. Claims based on hidden ingredients
V. Producer or manufacturer responsibility for end-of-life disposal
VI. Green guides and related obligations
The panel will review these and other important questions:
- What lessons can be gleaned from the success or failure of claims and defenses in food and beverage class actions?
- How does pre-filing product testing impact the case?
- What are implicit vs. explicit claims about a product or brand, and can they form the basis of liability?
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