New Cosmetics and Other* Product Launches:
Trademarks, Packaging Design, Claim Substantiation, Testimonials,
Imports and Other Considerations
[*OTC drugs, foods, dietary supplements, Vitamins and
many other consumer products]
June 17, 2010
View the Program Flyer here.
The June 17, 2010, Coffee,
Croissants and CLE Credit program featured a
discussion of labeling, trademark and advertising/promotional issues
relating to the launch of new cosmetics and other FDA-regulated
products. Caryn M.
Silverman, Esq. (Sedgwick,
Detert, Moran & Arnold LLP), Section Chair, and David S.
Weinstock, Esq. (Boehringer Ingelheim Pharmaceuticals), Program Chair,
served as moderators for the program which was hosted at the
of Foley & Lardner.
Robert P. Oppenheim, Esq. (Law Offices of Robert P.
Oppenheim), discussed labeling issues relating to cosmetic and OTC drug
products, with an emphasis on the distinction – as defined by FDA
– between cosmetic and drug claims. He
also examined FDA’s recently increased scrutiny of imports while
highlighting that the Agency has greater authority over imports than
over domestic products.
Karin Segall, Esq. (Foley & Lardner), discussed
various issues relating to the selection and protection of trademarks
and packaging designs. In particular, she
emphasized the importance of clearing proposed trademarks at the
earliest possible stage. Karin also focused
on certain practical considerations when seeking to register a trademark
with the Patent and Trademark Office.
Andrew Baum, Esq. (Foley & Lardner), discussed the
use of endorsements and testimonials in advertising. He provided a detailed presentation on the recently revised and
reissued FTC Guides Concerning the Use of
Endorsements and Testimonials in Advertising. Andrew then engaged the
participants in an analysis of this document through the use of various examples which
highlighted when the appearance of a celebrity in advertising is deemed
by the FTC to constitute an endorsement.