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

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 Manhattan office 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.