Q&A: Anticipating the Next Wave of Cosmetics Regulations

Fashion, Beauty and Branding attorneys Rachel Gartner and Meaghan Colligan Hembree were quoted in a CosmeticsDesign USA article discussing the regulatory shift from food to cosmetics and personal care, noting intensified scrutiny of ingredients, packaging and life cycle compliance. Ms. Gartner emphasized consumer-driven transparency and the need for manufacturers to update safety dossiers, monitor contested ingredients and align data with real-world product use.

"Consumers want access to information, including information about what's in their products and how those products are made. We've seen a focus on food – ingestible products – things we put in our body. It would be prudent for companies that sell products we put on and around our bodies to be thinking about the scrutiny their products could face during this administration," she stated.

Ms. Hembree commented on expanding environmental and product stewardship obligations, especially per- and polyfluoroalkyl substances (PFAS) and other chemicals, as states enact bans and reporting rules alongside packaging mandates and Extended Producer Responsibility (EPR) programs.

"Legal exposure can arise from misaligned or unsubstantiated claims, while reputational risk is heightened by consumer and investor scrutiny of greenwashing and the use of controversial materials. Proactive steps include conducting packaging material assessments, ensuring claims are substantiated with data and integrating these considerations into broader ESG and compliance frameworks," she said.

Together, they advised brands to integrate chemical compliance and substantiated claims into cross-functional programs, conduct rigorous packaging and ingredient assessments, and prepare for heightened U.S. Food and Drug Administration (FDA) and state enforcement under the Modernization of Cosmetics Regulation Act timelines and evolving state laws.

READ: Q&A: Anticipating the Next Wave of Cosmetics Regulations