FDA Proposes Rule to Require Standardized Testing Methods for Detecting and Identifying Asbestos in Talc-Containing Cosmetic Products - Food & Drug Administration

Today (12/26/24), the U.S. Food and Drug Administration (FDA) announced a proposed rule to establish and require standardized testing methods to detect and identify asbestos in talc-containing cosmetic products. This proposed rule, if finalized, will help protect consumers who use talc-containing cosmetic products from harmful exposure to asbestos. This proposal is part of the agency’s work to fulfill the requirements of section 3505 of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

“For many years the FDA has been sampling and testing talc-containing cosmetics for asbestos as well as working with our federal partners on efforts to reduce consumers’ risk of exposure to asbestos, a known human carcinogen, from contaminated talc-containing cosmetic products,” said Linda Katz, M.D., M.P.H., director of the FDA's Office of Cosmetics and Colors. “We have carefully considered the scientific evidence and complex policy issues related to detecting and identifying asbestos in talc and talc-containing cosmetic products.  We believe that the proposed testing techniques are appropriate methods to detect asbestos to help ensure the safety of talc-containing cosmetic products.”

Talc is a naturally occurring mineral that has many uses in cosmetics and other personal care products, such as absorbing moisture, preventing the appearance of caking, making facial makeup opaque, or improving the feel of a product. Asbestos, a known carcinogen, is found in the same rock types as talc deposits and may be inseparable from talc in the mining process. Because there is the potential for contamination of talc with asbestos, it is important to test for the presence of asbestos in talc-containing cosmetic products.

The proposed rule would require manufacturers of talc-containing cosmetic products to test for asbestos using an analytical approach that includes both Polarized Light Microscopy (PLM) (with dispersion staining) and Transmission Electron Microscopy (TEM)/Energy Dispersive Spectroscopy (EDS)/Selected Area Electron Diffraction (SAED) to detect and identify the presence of asbestos. Manufacturers may alternatively rely on a certificate of analysis from the talc supplier. The proposed rule contains provisions that would require manufacturers to keep records to demonstrate compliance with the rule.

If the proposed rule is finalized, cosmetic products would be considered adulterated under the Federal Food, Drug, and Cosmetic Act (FD&C Act) if a manufacturer fails to operate in compliance with either the testing or recordkeeping requirements of the rule. The proposed rule also states that if asbestos is present in a cosmetic product, or in talc used in a cosmetic product, that cosmetic product is adulterated under the FD&C Act; and that if asbestos is present in talc intended for use in a cosmetic, that talc is adulterated under the FD&C Act. The FDA encourages public comment on this proposed rule. The comment period will end 90 days after the date of publication in the Federal Register. After the comment period closes, the FDA will review and consider comments as it develops the final rule.
 

Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Active Anode Material from the People’s Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

On December 18, 2024, American Active Anode Material Producers filed a petition requesting the imposition of antidumping and countervailing duties on the imports of Active Anode Material from the People’s Republic of China. The petition alleges dumping margins of 828% – 921%. The petition identifies certain foreign producers/exporters and U.S. importers of the merchandise at issue.

The product within the scope of this investigation is active anode material, whether synthetic, natural, or a blend of synthetic or natural; with or without coating; regardless of whether in powder, dry, liquid, or any other form. Subject merchandise typically has a maximum size of 80 microns. Subject merchandise has an energy density of 330 milliamp hours per gram or greater and a degree of graphitization of 80% or greater. Please see the petition for a more detailed description of the covered merchandise and exclusions.

The projected date of the International Trade Commission’s Preliminary Conference is January 8, 2025. The earliest theoretical date for retroactive suspension of liquidation for AD is February 26, 2025; the date for CVD is January 7, 2025.

Please feel free to contact one of our attorneys for further information, including a complete scope description; complete projected schedule for the AD and CVD investigations; the volume and value of imports; and list of identified foreign exporters and U.S. importers.
 

USTR Initiates Section 301 Investigation on China’s Acts, Policies, and Practices Related to Targeting of the Semiconductor Industry for Dominance - US International Trade Representative

WASHINGTON – United States Trade Representative Katherine Tai announced today the initiation of an investigation regarding China’s acts, policies, and practices related to targeting of the semiconductor industry for dominance. The investigation will be conducted under Section 301 of the Trade Act of 1974, as amended.
 
Evidence indicates that China seeks to dominate domestic and global markets in the semiconductor industry and undertakes extensive anticompetitive and non-market means, including setting and pursuing market share targets, to achieve indigenization and self-sufficiency. China’s acts, policies, and practices appear to have and to threaten detrimental impacts on the United States and other economies, undermining the competitiveness of American industry and workers, critical U.S. supply chains, and U.S. economic security.

“This investigation underscores the Biden-Harris Administration’s commitment to standing up for American workers and businesses, increasing the resilience of critical supply chains, and supporting the unparalleled investment being made in this industry,” said Ambassador Katherine Tai.
 
The investigation will initially focus on China’s manufacturing of foundational semiconductors (also known as legacy or mature node semiconductors), including to the extent that they are incorporated as components into downstream products for critical industries like defense, automotive, medical devices, aerospace, telecommunications, and power generation and the electrical grid. The investigation will also initially assess whether the impact of China’s acts, policies, and practices on the production of silicon carbide substrates (or other wafers used as inputs into semiconductor fabrication) contributes to any unreasonableness or discrimination or burden or restriction on U.S. commerce.
 
As explained in a formal notice, USTR will be seeking public comments and will hold a public hearing in connection with this investigation. A docket for comments regarding the investigation will open on January 6, 2025. 
 
Background 

Section 301 of the Trade Act of 1974, as amended, (Trade Act) is designed to address unfair foreign practices affecting U.S. commerce. Section 301(b) may be used to respond to unreasonable or discriminatory foreign government practices that burden or restrict U.S. commerce. Under Section 302(b) of the Trade Act, the U.S. Trade Representative may self-initiate an investigation under Section 301. 
 
The U.S. Trade Representative must seek consultations with the foreign government whose acts, policies, or practices are under investigation. USTR has requested consultations with China in connection with the investigation.

Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ceramic Tile From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2023
• Steel Concrete Reinforcing Bars From Belarus, the People's Republic of China, Indonesia, Latvia, Moldova, Poland, and Ukraine: Continuation of Antidumping Duty Orders
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: High Chrome Cast Iron Grinding Media From India; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Float Glass Products From China and Malaysia; Revised Schedule for the Subject Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Activated Carbon From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2022-2023
• Phosphate Fertilizers From the Kingdom of Morocco: Notice of Amended Final Results of Countervailing Duty Administrative Review; 2022
• Circular Welded Carbon Quality Steel Line Pipe From the People's Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order
• Frozen Warmwater Shrimp From Indonesia: Antidumping Duty Order; Frozen Warmwater Shrimp From Ecuador, India, and the Socialist Republic of Vietnam: Countervailing Duty Orders
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Active Anode Material From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Activated Carbon From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2022-2023
• Phosphate Fertilizers From the Kingdom of Morocco: Notice of Amended Final Results of Countervailing Duty Administrative Review; 2022
• Circular Welded Carbon Quality Steel Line Pipe From the People's Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Active Anode Material From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
   

$18 Million in Earrings, Necklaces, Bracelets & Watches seized by Louisville CBP - U.S. Customs & Border Protection

LOUISVILLE, Ky — In two days, last week, U.S. Customs and Border Protection (CBP) officers in Louisville seized four shipments containing 962 pieces of counterfeit designer watches, bracelets, necklaces, and earrings. The items were deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts, and if genuine, would have had a combined Manufacturer’s Suggested Retail Price (MSRP) over $18 million.

The shipments arrived from Hong Kong and China on December 17 and 18. When CBP officers examined the shipments to determine the admissibility of the goods, they found 459 bracelets displaying the logos of Cartier, Chanel, Fendi, Hermes, Louis Vuitton, and Van Cleef and Arpels, 43 pairs of earrings with Van Cleef and Arpels and Cartier logos, 20 necklaces with Van Cleef and Arpels logos, and 440 watches bearing the Rolex logo. The items were seized for infringing on the designer’s protected trademarks. The shipment was heading to residences in Arizona, Virginia, Florida and New York and had the items been real, the MSRP for these products would have been $18.81 million.

“Counterfeit items defraud both the consumer and legitimate businesses. Our officers are committed to diligently working to protect our economy and the American consumer,” said LaFonda D. Sutton-Burke, Director, Field Operations, Chicago Field Office. “Customs and Border Protection urges you to protect your families by purchasing authentic consumer products from reputable retailers.”

The illicit trafficking of counterfeit goods offers criminals a complementary source of income and a way through which they can launder money. Additionally, monies received from the sale of counterfeit products can be channeled towards the further production of fake goods or other illicit activities. Additionally, counterfeiting is a hugely profitable business, with criminals relying on the continued high demand for cheap goods coupled with low production costs.

CBP provides basic import information about admissibility requirements and the clearance process for e-commerce goods and encourages buyers to confirm that their purchases and the importation of those purchases comply with state and federal import regulations.

CBP has established an educational initiative to raise consumer awareness about the consequences and dangers often associated with the purchase of counterfeit and pirated goods. Information about the Truth Behind Counterfeits public awareness campaign can be found at https://www.cbp.gov/FakeGoodsRealDangers.

Every year, CBP seizes millions of counterfeit goods from countries around the world as part of its mission to protect U.S. businesses and consumers. These goods include fake versions of popular products, such as smartphones and related accessories, electronics, apparel, shoes, cosmetics, and high-end luxury goods, as well as goods posing significant health and safety concerns, such as counterfeit pharmaceuticals, bicycle and motorcycle helmets, medical devices, supplements and other consumables. Sold online and in stores, counterfeit goods hurt the U.S. economy, cost Americans their jobs, threaten consumer health and safety, and fund criminal activity. Visit the National IPR Coordination Center for more information about IPR including counterfeiting and piracy.

Federal Trade Commission Announces Bipartisan Rule Banning Junk Ticket and Hotel Fees - Federal Trade Commission

Rule targets bait-and-switch pricing for live-event tickets and short-term lodging

The Federal Trade Commission today announced a final Junk Fees Rule to prohibit bait-and-switch pricing and other tactics used to hide total prices and bury junk fees in the live-event ticketing and short-term lodging industries. These unfair and deceptive pricing practices harm consumers and undercut honest businesses.

“People deserve to know up-front what they’re being asked to pay—without worrying that they’ll later be saddled with mysterious fees that they haven’t budgeted for and can’t avoid,” said FTC Chair Lina M. Khan. “The FTC’s rule will put an end to junk fees around live event tickets, hotels, and vacation rentals, saving Americans billions of dollars and millions of hours in wasted time. I urge enforcers to continue cracking down on these unlawful fees and encourage state and federal policymakers to build on this success with legislation that bans unfair and deceptive junk fees across the economy.”

The Junk Fees Rule will ensure that pricing information is presented in a timely, transparent, and truthful way to consumers of live-event tickets and short-term lodging, two industries whose pricing practices the Commission has studied in particular. Consumers searching for hotels or vacation rentals or seats at a show or sporting event will no longer be surprised by a pile of “resort,” “convenience,” or “service” fees inflating the advertised price. By requiring up-front disclosure of total price including fees, the rule will make comparison shopping easier, resulting in savings for consumers and leveling the competitive playing field.

The Commission launched this rulemaking in 2022 by requesting public input on whether a rule could help eliminate unfair and deceptive pricing tactics. After receiving more than 12,000 comments on how hidden and misleading fees affected personal spending and competition, the FTC announced a proposed rule in October 2023 and invited a second round of comments. The Commission received more than 60,000 additional comments which it considered in developing the final rule announced today.

The FTC estimates that the Junk Fees Rule will save consumers up to 53 million hours per year of wasted time spent searching for the total price for live-event tickets and short-term lodging. This time savings is equivalent to more than $11 billion over the next decade.

The Final Rule

The final rule targets specific and widespread unfair and deceptive pricing practices in the sale of live-event tickets and short-term lodging, while preserving flexibility for businesses. It does not prohibit any type or amount of fee, nor does it prohibit any specific pricing strategies. Rather, it simply requires that businesses that advertise their pricing tell consumers the whole truth up-front about prices and fees.

To accomplish this, the Junk Fees Rule requires that businesses clearly and conspicuously disclose the true total price inclusive of all mandatory fees whenever they offer, display, or advertise any price of live-event tickets or short-term lodging. Businesses cannot misrepresent any fee or charge in any offer, display, or ad for live-event tickets or short-term lodging.

In addition, the rule requires businesses to display the total price more prominently than most other pricing information. This means that the most prominent price in an ad needs to be the all-in total price—truthful itemization and breakdowns are fine but should not overshadow what consumers want to know: the real total.

Finally, the rule requires businesses that exclude allowable fees up front to clearly and conspicuously disclose the nature, purpose, identity, and amount of those fees before consumers consent to pay. For instance, businesses that exclude shipping or taxes from the advertised price must clearly and conspicuously disclose those fees before the consumer enters their payment information.

Industries beyond live-event ticketing and short-term lodging are prohibited from deceiving consumers about fees and pricing per longstanding law. The FTC will use its law enforcement authority to continue to rigorously pursue bait-and-switch pricing tactics, such as drip pricing and misleading fees, in other industries through case-by-case enforcement.

The Commission vote approving publication of the final rule was 4-1, with Commissioner Andrew Ferguson dissenting. Chair Lina M. Khan issued a separate statement, as did Commissioner Rebecca Kelly Slaughter. Commissioner Melissa Holyoak issued a concurring statement and Commissioner Andrew Ferguson issued a dissenting statement. The final rule will become effective 120 days after its publication in the Federal Register.

The primary staffers leading development of the final rule are Annette Soberats, Stacy Cammarano, and Karen Mandel in the FTC’s Bureau of Consumer Protection. 
 

TSA Unleashes its 2025 Canine Calendar: Download Now! - TSA

WASHINGTON – The Transportation Security Administration (TSA) today released the 2025 TSA Canine Calendar, an annual tradition honoring the agency’s more than 1,000 explosives detection canines working across the United States. The 2025 TSA Canine Calendar is now available for immediate download.

TSA uses canines as a critical component of its multilayered security strategy. Each year,  about 300 new canine recruits complete an intensive 16-week training program at the TSA Canine Training Center, located at Joint Base San Antonio-Lackland in San Antonio, Texas. During training, these highly skilled canines are paired with their handlers, master the art of detecting a variety of explosives odors, and socialize to adapt to busy transportation environments before reporting to their permanent duty stations.

The 2025 TSA Canine Calendar highlights 13 extraordinary canines selected from more than 80 entries submitted by TSA teams nationwide. Each month features photos and fun facts about these canine heroes. This year’s lineup includes:

• Argo: Baltimore/Washington International Thurgood Marshall Airport (BWI)
• Arina: Phoenix Sky Harbor International Airport (PHX)
• Badger: Chicago O'Hare International Airport (ORD)
• Barni: San Francisco International Airport (SFO)
• Bely: Charleston International Airport (CHS)
• Beny: Boston Logan International Airport (BOS)
• Birdie: Milwaukee Mitchell International Airport (MKE)
• Bruno: Jackson-Medgar Wiley Evers International Airport (JAN)
• Carlo: Kansas City International Airport (MCI)
• Dodo: Portland International Airport (PDX)
• Hary: Richmond International Airport (RIC)
• Kipper: San Diego International Airport (SAN)
• Smokie: Dallas Love Field (DAL)

The calendar features Cutest Canine Contest winner, Barni, a five-year-old German Shorthaired Pointer explosives detection canine at San Francisco International Airport. Barni combines a calm and professional demeanor with a sweet and playful side, and enjoys chasing squirrels, greeting his four-legged co-workers and playing fetch with a squeaky ball.

TSA canines and their handlers are vital in detecting explosives and deterring threats across all transportation modes. These teams exemplify dedication, teamwork, and unwavering commitment to transportation security and keeping the traveling public safe. For a behind the scenes look at what it is like to be an explosives detection canine handler, see our Explosives Detection Canine Handler video.

Visit TSA.gov for more information about TSA’s Explosives Detection Canine Program.