Pending FDA Cosmetics Review Allows Class Action Defense

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February 6, 2023

Pending FDA Cosmetics Review Allows Class Action Defense

Law360

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In late December 2022, President Joe Biden signed into law the Modernization of Cosmetics Regulation Act, a significant overhaul of the U.S. Food and Drug Administration's regulatory framework for cosmetics.

MOCRA amends Chapter VI: Cosmetics of the Federal Food, Drug and Cosmetic Act and constitutes the first expansion of the FDA's authority over cosmetics since the FDCA's enactment in 1938. Among its many provisions, MOCRA specifically directs FDA to study, report on and regulate two common types of cosmetic ingredients: perfluoroalkyl and polyfluoroalkyl substances, or PFAS, and talc.

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Firm Highlights

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All Activity Rings [Patents] Closed—Judge Rochon Grants Motion for Summary Judgment of Non-infringement on Seven Design Patents

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Judge Eric Komitee recently denied a motion to dismiss patent infringement claims accusing flood prevention products sold pursuant to a contract that was entered into before the patent issued but delivered and installed after issuance. In 2013, plaintiff FloodBreak, LLC filed its patent application for a device that prevents flooding in subway systems. In 2016, while that application was pending, defendants T. Moriarty & Son, Inc. and James P. Moriarty, Jr. (collectively, “TMS”) contracted with the Metropolitan Transportation Authority (“MTA”) to supply flood-mitigation devices for the New York City subway. After the patent issued in 2017, FloodBreak sued TMS’s supplier and obtained a stipulated judgment that its devices infringe. FloodBreak then filed suit against TMS alleging infringement by TMS’s offer...

Four Firm Partners to Speak at Georgetown Law Lifelong Learning's 2026 Conference on Representing & Managing Tax-Exempt Organizations

On Thursday, April 23 and Friday, April 24, Partners Laura Butzel, Robin Krause, Susan Vignola, and Justin Zaremby will speak at Georgetown Law Lifelong Learning's 2026 Conference on Representing and Managing Tax-Exempt Organizations. On April 23 at 4:45pm, Ms. Krause will speak on a panel titled "Navigating Attorney General Oversight and Investigations," discussing the scope of Attorney General oversight, an overview of the current landscape and share guidance on approaching Attorney General investigations and inquiries. On April 24 at 10:30am, Ms. Butzel will speak on a session titled "The Heightened Focus on Terrorism and the Impact on Tax-Exempt Organizations." Ms. Butzel will join a panel for a program that will focus on the historic use of anti-terrorism rules and enforcement mechanisms in the...