Beauty Store Business magazine - January, 2020

Jean Warshaw

Beauty & The Law: All About the Advertising of Beauty Products

Here’s why ads about beauty products must be truthful, substantiated and non-deceptive.

Beauty products are truly the greatest things since sliced bread. How does one get that message out to consumers? As you would expect, numerous laws govern the content of advertising messages and how those messages are distributed. There is an entire industry engaged in enforcing advertising laws made up of lawyers bringing class-action lawsuits, your competitors, the National Advertising Division of the Council of Better Business Bureaus, the Federal Trade Commission, state agencies and others.

Beauty & The Law: Lawsuits Against Beauty Store Businesses (Not Our Magazine!)

Check out the latest cases that affect our industry.

Disputes and lawsuits are part of the American way of doing business. You can control when you are the plaintiff bringing a lawsuit, but being sue is usually a major unanticipated and resented disruption. Businesspeople want to know if their companies will be sued so they can anticipate and plan for their resources and expenses, but unfortunately lawyers can't see into the future to know when businesses will find themselves hauled into court as defendants.

Professional Beauty Product Diversion

BSB Columnist and NYC lawyer Jean Warshaw
These notable cases show the various legal theories used in this controversial salon-industry topic.

"Sold Only in Professional Salons." Those are fighting words throughout the beauty industry. They proclaim manufacturers’ and beauty salons’ desires to limit sales of many high-end professional-beauty products to salons. But large drugstore chains and discount retailers often sell products that have packages marked for sale in salons only. And they sell those products in competition with beauty salons despite the manufacturers’ and salons’ wishes.

Beware of the Long Arm Of the Law

Jean Warshaw, Beauty & The Law columnist
Do you know that your business may be sued in a distant state based on your Internet site?

Your beauty business is probably headquartered in the state where you and most of your employees live. When can another state reach out and make you defend a lawsuit in that other state? Going to another state to defend yourself could be an expensive undertaking, requiring you to hire new lawyers you have never worked with before, travel long distances to attend depositions and court hearings, and put your witnesses up in hotels during the trial.