PART 2: Cosmetic claim substantiation workshop – Science, ethics and laws

PART 2: Cosmetic claim substantiation workshop – Science, ethics and laws

12 Oct 2017, 14:30 - 16:30

Marketing Trends & Regulations Theatre 2


Programme overview PART 1 & PART 2

Human exposure studies and in vitro assays are routinely conducted by Cosmetics raw materials  and finished product manufacturers to explore their potential impact when applied to skin with the aim of devising appealing advertising claims. Market competition often drives aggressive campaigns that may be confusing and misleading, compounded by studies which may be poorly designed and executed and scientific data which could be incorrectly interpreted.

In recent years, cosmetics manufacturers have come under increased scrutiny from the FDA and FTC for advertising claims. The advertising industry’s self-regulatory forum, NAD, further examines truth and accuracy of national advertising claims.  With the skin care industry striving to produce safer products, it should also focus its scientific resources towards better testing regimens demonstrating a product’s efficacy which can support advertising claims. Establishing common criteria to support advertising claims is challenging given that claims are driven by the testing on an individual product.   These two consecutive sessions bring together experts from industry and regulatory world to provide guidance on sound scientific practices and how to ensure advertising claims match the underlying science.


14:30 - 15:00     Introduction- why claim?
Nava Dayan Ph.D., President, Dr. Nava Dayan LLC

Why do cosmetic products carry claims? What is the difference between purpose of use and marketing claims? Can science be translated to fair claims for the average consumer to understand? Where are we heading with claims in the industry?


15:00 - 15:30     Advertising self-regulation and cosmetics claims
Annie Ugurlayan, Senior Staff Attorney, National Advertising Division of the Advertising Self-Regulatory Council

Annie will provide an overview of advertising self-regulation in the US as well as recent NAD cases in the cosmetics and personal care space.


15:30 - 16:00     FTC’s recent advertising cases and guides & cosmetics
Deborah Marrone, Assistant Regional Director, FTC’s Northeast Regional Office

This session will focus on the Federal Trade Commission’s Guidance for advertisers; an advertiser’s responsibilities when making claims (including claims made through social media); and recent cases, including some examples of recent types of deceptive claims in the cosmetics area (including skin, hair, “slimming,” and “all natural” claims).


16:00 - 16:30     Reducing legal risk through claim substantiation
Ronie Schmelz, Tucker Ellis LLP

Ronnie will discuss the importance of carefully crafting product claims, review FDA Warning Letters issued in 2016, and highlight the threats presented by consumer class actions.



  • Nava Dayan



    Dr. Nava Dayan LLC

    Nava Dayan Ph.D. Pharm has 26 years of experience in the skin care segment, and has yielded more than 150 publication credits in numerous...

  • Annie Ugurlayan


    Senior Staff Attorney

    National Advertising Division

    Annie Ugurlayan is a Senior Staff Attorney at NAD.  She has been at NAD since 2003, is a frequent speaker at conferences throughout the US and...

  • Deborah Marrone


    Assistant Regional Director

    FTC’s Northeast Regional Office

    Deborah Marrone has been the Assistant Regional Director for the FTC’s Northeast Region since 2008 and has been with the FTC since 2003.  She...

  • Ronie Schmelz


    Legal Counselor and Litigator

    Tucker Ellis LLP

    Ronie M. Schmelz represents clients in broad-based commercial litigation, with a particular emphasis on consumer class action defense. She also...

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