As the beauty industry continues to evolve at a rapid pace, brands are facing growing legal pressure tied to product claims, online marketing, and product imitation. In a recent webinar ahead of the launch of their new podcast, The Beauty Law Glow-Up, Venable partners Claudia Lewis and Kristen Ruisi discussed how beauty companies can adapt their compliance, intellectual property, and enforcement strategies to meet those challenges.
Regulators and Plaintiffs Intensify Scrutiny of Beauty Products and Claims
Federal and state regulators are increasing their oversight of cosmetics and personal care products following implementation of the Modernization of Cosmetics Regulation Act (MOCRA), which granted the FDA expanded authority over the U.S. cosmetics industry. While the FDA has yet to finalize several anticipated rules related to cosmetics manufacture and labeling, Lewis noted that enforcement activity has accelerated, particularly at the border. "When you're importing a product, it's just one of those things to expect and build in some delay time," Lewis said, citing that regulators are increasingly detaining products over contamination concerns, undeclared additives, and questionable marketing claims.
Lewis also touched on "clean beauty" marketing and the growing legal exposure attached to terms such as "natural," "toxic-free," and "plant-based." Although many of these terms remain undefined under federal law, they are increasingly drawing challenges, especially in large markets such as California and New York, where ingredient restrictions and labeling mandates continue to expand. "The charge is really being led by the plaintiff's bar in a lot of the space," Lewis said. "They are testing products and finding small amounts of unsafe ingredients but still challenging the product on a safety basis."
Beauty Brands Battle "Dupe Culture"
Ruisi described the explosive growth of low-cost imitation products commonly known as "dupes." She defined dupes as "the lower-cost product mimicking the performance and aesthetic of a premium product," explaining that social media algorithms and influencer marketing have accelerated consumer demand for lookalike cosmetics and skincare. Ruisi said social media is "flooded with dupe advertisements" and described how influencers routinely position lower-priced alternatives as "just as good" as prestige products. Ruisi argued that beauty companies must aggressively pursue IP protections to defend their packaging, branding, and product designs. "Trade dress protection is very important, and in my opinion can be one of the most useful tools when enforcing against dupes," she said.
Multilayered Enforcement Strategies
No single enforcement mechanism is sufficient to address the speed and scale of online imitation products. Instead, brands are increasingly combining platform takedowns, AI-driven monitoring tools, and consumer-facing marketing campaigns to protect their products and reputation. Lewis added that litigation could also be an effective deterrent against persistent copycats, saying Venable's litigators have secured "temporary restraining orders and injunctions that really impact the seller's ability to continue to market and sell the product."
Ruisi also encouraged brands to address dupe culture directly through consumer education and brand storytelling. "Highlight your brand authenticity and quality," she said, encouraging companies to explain to consumers "why it's worth spending the extra money for my product."
If you or your organization have questions about legal considerations in the beauty industry, please contact an attorney in Venable's Beauty and Wellness Group.