Class Action Insider

On December 29, 2022, President Biden signed the Modernization of Cosmetics Regulation Act (MoCRA) into law. One provision of MoCRA charges the FDA to conduct research into the use of perfluoroalkyl and polyfluoroalkyl substances—better known as PFAS—in the cosmetic industry, and to publish a report containing its findings by December 29, 2025.

The Ninth Circuit Court of Appeals held in two companion cases that courts properly can consider the wording on the back labels of products to clarify any ambiguous claims on the front labels.

The Ninth Circuit recently held that previously deceived consumers lacked Article III standing to enjoin Coca-Cola from labeling its Coke products as free of artificial flavors and chemical preservatives where they alleged nothing more than an interest in proper labeling.