Companies marketing “self-preserving” cosmetics could be susceptible to lawsuits at a time when “no injury” product liability class actions are on the rise. Meanwhile, “preservative-free” claims already are being challenged in the food sector where litigation trends often originate before migrating to personal care. Tempting as it may be to renounce traditional preservatives and capitalize on the marketing power behind “preservative-free,” “self-preserving” and similar claims, cosmetics brands that take this route do so at their own risk. A growing number of companies are exploring systems that minimize or forgo use of parabens, formaldehyde donors and other proven preservatives that have fallen out of favor with consumers due to perceived health risks.
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