Archive for the ‘Advice’ Category


In June alone, the U.S. Food and Drug Administration (FDA) refused the importation of over 200 different shipments of Cosmetics from 22 different countries.The two main reasons the FDA cited in refusing entry of cosmetic products were:

  1. The products were “misbranded” (lack of adequate directions for use, nutrient content and/or health claims, anti-ageing labeling claims rendering the product a drug; or
  2. The products were “adulterated” (unsafe addition of a color additive).

Definition of a Cosmetic vs. Drug

Misbranding may come down to whether the FDA believes the product is a drug (which is often based on the products intended use, and labeling claims). It is therefore important to know the difference in the way FDA defines cosmetics and drug products, to ensure you label your products correctly.

A product designed for “cleansing beautifying, promoting attractiveness, or altering the appearance,” is generally defined as a cosmetic by the FDA.

A drug on the other hand, is as a product “intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease,” or “intended to affect the structure or any function of the body.”

Why Cosmetic Products will be Refused by the FDA

One prevalent reason the FDA refuses cosmetic products is because of the claims cosmetic products makes rendering the product a “drug”. A health claim is one example of a type of claim, specifically it is a claim that the product affects the structure and or function of the human body. If your product makes a health claim it may be rendered and regulated as a drug by the FDA.

In response to the increase use of “health claims” on cosmetic products, the FDA re-published an import alert for skin care products labeled as anti-aging. These products claimed to reverse the effects of aging by controlling or preventing the aging process, which is a claim that the product affects the structure and functions of the human body, and were thus regulated a drug product by the FDA.

The FDA issued a consumer update this March highlighting the difference between a drug and a cosmetic product. The purpose of this publication was to inform consumers about cosmetic products that promise too much. In order to protect consumers from this type of cosmetic misbranding, the FDA has told companies to remove drugs claims or seek FDA approval to market these products as drugs (this is a timely and very expensive process). However, the FDA further admits that there is “no one-size-fits all answer” to whether a claim is a drug claim or cosmetic claim.

Form 766

If your product is on hold by the FDA because it is misbranded, there are affirmative actions you can take. Section 801(b) of the Federal Food, Drug, and Cosmetic Act states that an importer of record may submit to the FDA a written application (using FDA’s Form 766) requesting permission to “recondition” your product. This post-compliance action, if approved by the FDA, will allow your product to be released. As approval is discretionary by the FDA, it is important you take the right steps and hire the right expert to assist you in this process.


In addition to regulation by the FDA, cosmetic companies are also subject to regulation by the Federal Trade Commission (FTC).  The FTC issues administrative complaints when companies engage in unfair methods of competition or unfair and deceptive acts, such as deceptive advertising. The FTC has issued complaints following FDA warning letters to cosmetic companies.

You may recall cosmetics company L’Oréal USA, Inc. receiving a FTC complaint alleging deceptive advertising of its products Lancôme Génifique and L’Oréal Paris Youth Code. The FTC has accepted, subject to final approval, an agreement containing a consent order (proposed order) from L’Oréal. According to the complaint, L’Oréal violated Sections 5(a) and 12 of the Federal Trade Commission Act because they claimed that its Génifique products were “clinically proven” to “boost genes’ activity and stimulate the production of youth proteins that would cause “visibly younger skin in just 7 days,” and would make you look as if you “slept 2 extra hours.” Similarly, L’Oréal claimed that its Youth Code products were the “new era of skincare: gene science,” and that consumers could “crack the code to younger acting skin.” L’Oréal made these claims via print, radio, television, internet and social media outlets. (It is important to note, both FDA and FTC regulate not only the product, but, also all ancillary advertisements, including websites). The FTC’s complaint followed the U.S. Food and Drug Administration’s (FDA) warning to L’Oreal about language used in their advertisements that made the products sound more like drugs than cosmetics.

How Becker & Poliakoff Can Help

Although the FDA has issued import alerts, consumer updates, and labeling guides for cosmetics, there is still no bright line between cosmetic type claims and drug claims. Unfortunately, if the FDA finds your cosmetic product on the wrong side of that line, your product may be detained and later potentially refused by the FDA. The solution is to ensure you use “pre-compliance”, by having all products, ingredients, claims and ancillary marketing reviewed by an expert PRIOR to importation.


Minneapolis Attorney Makes it 10 Years as a Super Lawyers Selectee

Attorney Charles “Bucky” Zimmerman has never shied away from taking on major cases. So far he has represented a range of clients from famed athletes George Foreman and Jim Brown, to clients in classes action lawsuits against major corporations such as Medtronic, Zicam, Target, and the NFL to name a few. Zimmerman and the firm he founded – Zimmerman Reed – has a proven track record having settled multiple $100 million and above cases.

Of Zimmerman’s many accomplishments throughout his career, he sees his victory against the tobacco industry as one that particularly stands out. In this case Zimmerman worked as part of the Castano group – a group of elite law firms that filed a class action lawsuit against the tobacco industry. This led to a historic settlement of more than $360 billion in June 1997.

Currently Zimmerman is currently involved in representing former players in the NCAA and NHL who have suffered the consequences of concussions while playing their respective sports. Already he has settled a case with the NFL for $765 million involving 4,500 former NFL players who have had concussions. These cases aim to help players who are at greater risk of brain related diseases such as Alzheimer’s, dementia, and other brain related disorders.

Over the past ten years Zimmerman has seen some changes in how law is practiced. “It’s transformed from a profession where professional courtesies were a matter of course to a business where business decisions begin to drive people’s behavior” says Zimmerman. He only seems to be adding on to his list of accomplishments though. With the release of the Minnesota Super Lawyers Magazine, Zimmerman can tack on his tenth selection to a Super Lawyers list. “It’s very nice being recognized for your work professionally and being put into a group with other lawyers who have been similarly recognized.”

What to Consider When Choosing an SEO Company?

SEO Companies seem to be growing in this age of the internet. This trend is largely due to increased activity on the internet and the large number of people who depend on the internet for their income. For those who are running an online business or using the Internet as a marketplace, SEO services are really necessary. Various SEO services are aimed to help webmasters increase their website links, rank, alexa, and many other aspects that make their websites more popular. Since there are numerous SEO companies, website owners have to be extra selective when choosing an SEO Company.

Newbies to the internet market often make the mistake of implementing do it yourself SEO. Most find that this method yields unsatisfactory results. When facing such harsh reality the only solution for positive results is to work with a professional SEO service. Selecting an SEO company among hundreds of companies is definitely not easy.  The first thing to understand when choosing an SEO company is to establish realistic goals and of course, choose a SEO company that is realistic as well. Competition in the SEO industry is so fierce these days until many companies, mostly new companies, make unrealistic promises. If a company is found making unrealistic promises be sure to remove them from your search list. Don’t be easily tempted by SEO companies who claim that they will make your website number one with a top ranking in Google. Perhaps the best way to choose an SEO Company is to choose one that is reputable like BPOVIA.

Master of Professional Essays

Besides that, this website also offers management essays and writing tips. Tips include information on how to choose a topic and develop main ideas, write detailed notes after brainstorming ideas, think and identify the problem, develop an essay with facts, examples, discussion and most importantly, develop an introduction that will attract readers. Finally, the website advises to write a powerful conclusion at the end of a long essay.

An Admission essay is a great opportunity to describe yourself, relay your talents, vision, personality, strength, achievements, awards, and of course, your writing abilities. masters the admission essays and other topics by assigning a personal writer and keeping in constant touch during the writing and editing process.  Their personal writers use detailed communication to captures key accomplishments and personal experiences. Their writers also provide advice on ways to enhance your essay.  After receiving a completed essay you are still able to contact your persoanl writer. This type of quality service is why is the master of essays.

Credit Card Application Site

Do you need a credit card in your life? If you want to use credit cards to make transactions then you should chose the right credit card. Read the information about Kredi Karti Bas. Credit cards can prove useful in your life. They are so convenient you will want to use credit cards at every opportunity.  So, how do you know how to find the right credit card? A good way is to ensure you are registered with the right bank.

First make sure that the confidentiality of your personal information is maintained securely because there are a lot of bad people who desire to steal your identity and use your credit card in a negative way. Second, make sure an accurate application is completed. Having an accurate application will help you to feel secure when using your credit card. You also want to feel confident that the security of bank where you apply for a credit card is up to industry standards. Once you get a credit card make sure you maintain a good credit score by using your credit card responsibly. This will keep you from loosing your card due to a bad score. You can review different credit cards online and also register online for a credit card of your choice.

The Best Online Coupons

For those who like shopping online here is a wonderful opportunity to experience great online shopping. StubHub coupon codes are now offered for your favorite online stores. Choose the items that you like from your favorite online store and save big using your coupon codes. If you are shopping using the coupon code you can save on many desirable items. Get the StubHub coupon codes now for your opportunity to purchase many items below full price.

If you are using the StubHub fan codes, you can get items well below full price. Simply use the coupon given to you to get deep discounts on all items and shopping deals found at popular online stores. Invite your friends for great online shopping with StubHub fan codes too. You can also find thousands of coupons for hundreds of online stores on

Why should you pay full price shopping online when you can get great discounts using discount coupon codes from Grab your discount coupon codes right now and enjoy the shopping in your favorite online stores. If you are new to online shopping, visit for big savings on anything you need in your favorite online store.

Lifelock To Secure Our ID From Theft

Shopping online is not something strange anymore. It was strange in the past, but as the times went by, we now consider it the easiest way to purchase things. It’s easy to visit interesting websites that contain many things we need and want. When its time to pay, most of us use credit cards to complete our online transaction.  This means we’ve had to insert some form of personal data such as names, surnames, addresses and such.

We also have to insert our credit card numbers to the site to process our order. It seems so simple, but is it as secure as it looks? We have a billion reasons to doubt that its secure at all. We might not know what is behind the site. The site might be hacked by hackers who want to get our personal data to use for their own benefits. This is absolutely why we should use the LifeLock.

LifeLock is a security service to secure our online personal data usages from possible identity thefts (ID thefts). We could learn about identity theft at Or for a complete list of identity theft protection products try  There is also information on the site about LifeLock Promotion prices too. You can gain added sucurity for online purchases and save money doing it.

May 2018
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