Enforcement of Fashion Laws

Both houses of the New York State Legislature unanimously passed a bill on June 12, 2013, that should impact significantly the New York fashion modeling industry. The bill, once signed into law by Governor Andrew Cuomo, would amend the Labor Law and Arts and Cultural Affairs law that currently regulate the employment and education of child performers to include runway and print models.Continue Reading New York Law Requires Chaperones and Certificates on the Catwalk: A New Era In Modeling?

Fur was a number one pick this winter season, as seen in magazine editorials, designer ads and fashion shows, showcasing its popularity in collections around the world. Whether jacket, purse, parka or boots, the Federal Trade Commission (“FTC”) mandates that all fur products within its jurisdiction comply with the labeling requirements under the Fur Products Labeling Act (the “Fur Act”). The Fur Act governs the manufacture, advertising, selling, importation, transportation and distribution of any fur product in the United States, ensuring that any such product is not misbranded or falsely or deceptively advertised or invoiced. It is important for retailers to be aware of how to comply with the Fur Act and to be up-to-date on the new enforcement policies released by the FTC relating to the Fur Act and its related rules, one of which was issued in January of this year.Continue Reading In-FUR-mation Update: New FTC Enforcement Policy for Retailers

In recent years, the U.S. government has vigorously enforced the Foreign Corrupt Practices Act ("FCPA") against individuals and companies representing a variety of industries. Recent press reports suggest that entertainment companies may be the target of current SEC enforcement efforts, and the government is in the midst of a long-running investigation of Avon Products, Inc. Other companies in the fashion and beauty industry should consider how best to protect against violations.Continue Reading FCPA Compliance Considerations for the Fashion and Beauty Industry

Men’s grooming and beauty products, namely cosmetics for men, continue to experience yearly growth. The forecasts of one research firm predict that sales of men’s toiletries will hit $3.2 billion by 2016, up from $2.2 billion in 2006. Sales of men’s skin care products like facial cleansers, moisturizers and exfoliants grew more than fivefold from 1997 to 2009, to $217 million from $40.9 million. Increasingly, men are dabbling in concealers, moisturizers, masks, serums and a host of other cosmetic products that were formerly considered to be exclusively for women. Retailers have experienced the most success with cosmetic products for men that have masculine, but non-descript packaging. So while the marketing of cosmetics and beauty products for men is gaining traction and holds promise for new entrants, the legal challenges in bringing a new cosmetic product to market are complex and merit legal attention.Continue Reading Men, Makeup and Drugs

As summer is upon us, rebellious trend seekers can toss their black nail polish and opt for a shade of neon orange, green or pink. This season’s en trend nail polish includes a color palette of neon hues that are rumored to be illegal in the U.S.. Contrary to recent alarmist headlines, it is not illegal to physically wear shockingly bright neon nail polish. However, it may be difficult to locate a truly neon polish at your local beauty store, since nail polish that includes neon coloration fails to comply with FDA regulation.Continue Reading If It’s Neon, Should It Be On?

We all remember the sweet scent of our first perfume and only need a simple whiff to propel us back to our youth. Studies show that scent memory is the longest lasting of all of our five senses, meaning you will always be able to instantly recognize the scent your grandmother wore when you were a child. But what if one day that perfume you hold so dear suddenly smelled slightly different? Recently, the perfume industry has become subject to stricter standards forcing longtime perfume makers to abruptly change their ingredient and formulas.Continue Reading IFRA Regulations Bring About a Change of Scent

On August 10, 2011, Judge Victor Marrero denied Christian Louboutin S.A.’s motion for a preliminary injunction to enforce its U.S. trademark (Registration No. 3,361,597) for "lacquered red soles on footwear" covering "Women’s High Fashion Designer Footwear" in International Class 25. The Court held that "[b]ecause in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the Court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning." The decision not only concluded that the Lanham Act does not "exten[d] protection to a trademark composed of a single color used as an expressive and defining quality of an article of wear produced in the fashion industry," but also established a new precedent by concluding that trademark protection under the Lanham Act for the fashion industry differs from that in other industries.
 Continue Reading Court Denies Louboutin Preliminary Injunction: Holds Fashion Blind to Single Color Marks

On May 20, 2011, the United States Department of Agriculture’s National Organic Program ("NOP") issued a Policy Memorandum (PM-11-14) addressing the labeling of textile products containing organic ingredients (such as organic cotton, wool or linen fabrics). The new policy supersedes the July 2008 NOP fact sheet entitled "Labeling of Textiles Under National Organic Program (NOP) Regulations."
 Continue Reading USDA Gives OK for “Organic” Labeling for Third-Party Certified Textiles; National Organic Program Policy Clarified

The Consumer Product Safety Commission (“CPSC”) recently issued a notice announcing a revision to the terms of the stay of enforcement of the stringent certification and testing requirements under section 14 of the Consumer Product Safety Improvement Act (“CPSIA”). With regard to testing and certification of the total lead content in children’s products, except for metal components of children’s metal jewelry, the stay of enforcement is extended until December 31, 2011. The extension of the stay also applies to certain parts of youth all-terrain vehicles, youth off-road motorcycles, youth snowmobiles, bicycles, jogger strollers, and bicycle trailers.
 Continue Reading Oops They Did It Again! Lead Testing Requirements Under Consumer Product Safety Improvement Act Stayed Until The End Of 2011

On Monday, February 8, 2011, the Ninth Circuit reversed the United States District Court for the Northern District of California, which had held that Levi Strauss failed to establish by a preponderance of evidence that Abercrombie & Fitch’s Ruehl pocket stitching design is likely to cause dilution by blurring of Levi Strauss’ famous Arcuate pocket stitching design because it had not established that "[Abercrombie] is making commercial use of a mark that is identical or nearly identical to the [Levi Strauss] Arcuate mark." Compare Levi Strauss v. Abercrombie & Fitch, No. 09-16322, 2011 WL 383972, at *13 (9th Cir. Feb. 8, 2011) with Levi Strauss, No. C07-03752 JSW, 2009 WL 1082175, at *9 (N.D. Cal. Apr. 22, 2009).
 Continue Reading The Ninth Circuit’s Holding in Levi Strauss v. Abercrombie & Fitch – “Degree of Similarity” Is But One of Six TDRA Factors, Not the Threshold Test — Marks An Important Decision Elucidating The Proper Dilution Standard