October 21, 2024

Commissioner Robert Califf
Food and Drug Administration
10903 New Hampshire Ave
Silver Spring, MD 20993

Chair Lina Khan
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580

Dear Commissioners Robert Califf and Lina Khan,

Consumer Action for a Strong Economy (CASE), serves as the voice of American consumers, advocating for reasonable consumer protections that will create more opportunity and prosperity for all Americans.

The skincare market in the United States represents a rapidly growing $24 billion-a-year industry that is projected to surpass $30 billion by 2030. As some skincare treatments require the injection of products like dermal fillers and neuromuscular blocking agents, the safety of these products is no less important than in medicine.

Unfortunately, many beauty industry giants prioritize profits over safety, leading to the use of harmful ingredients, inadequate testing practices, and false advertising. While most consumers would expect that the products they use regularly are safe, numerous cosmetic products contain toxic ingredients that can cause serious and lasting health issues.

The American public has an expectation that the Food and Drug Administration (FDA) will act to protect them from harmful products, while the Federal Trade Commission (FTC) will guard against deceptive marketing practices reliant upon false promises. So appropriately, CASE is acutely concerned about L’Oreal’s recent major investment in Galderma, makers of Restylane and Dysport.

L’Oréal and Galderma have proven track records of ignoring consumer safety, and the announcement of their newly reestablished relationship raises serious concerns. Both companies are currently under investigation or facing sizable lawsuits from claims that they have used harmful—and potentially carcinogenic—chemicals in their products, including CeraVe and DIFFERIN. As of this writing, these concerns remain unresolved. We urge the FDA to do its duty to protect American consumers from products that do not meet the agency’s standards and to use its oversight power to take harmful products off of the market.

Over the years, both L’Oréal and Galderma have faced lawsuits and FTC investigations regarding their advertising practices and patents, doing everything from “masquerading speculation as science,” according to a federal judge, to claiming they can change a person’s genes to prevent aging. We urge the FTC to closely monitor any advertising campaigns from the two companies and enforce all laws and regulations to protect consumers from falling victim to deceptive claims that could have adverse effects on their health.

Thank you for your prompt attention to this issue. My organization stands ready to assist you and your teams as you work to ensure L’Oréal and Galderma are held accountable for the potentially carcinogenic ingredients in their products and any misleading claims or messages in their advertising.  While many consumers are seeking medical treatments for cosmetic reasons, it is important that your agencies ensure rigorous oversight. Americans deserve products that don’t threaten their health, and you can help to ensure L’Oréal and Galderma put consumer safety ahead of profit.

Sincerely,

Gerard Daniel Scimeca
Chairman, General Counsel
Consumer Action for a Strong Economy (CASE)