Insights

PFAS in cosmetics is quickly becoming one of the highest-stakes compliance issues in the beauty and personal care industry.

On May 6, 2026, the Federal Aviation Administration (FAA) published a long-awaited Notice of Proposed Rulemaking (NPRM) that would create a formal process for designating drone-free zones — known as Unmanned Aircraft Flight Restrictions (UAFRs) — over critical infrastructure facilities. The proposed rule has significant implications for the entire drone ecosystem. Facility operators across a broad range of industries would gain a potential pathway to restrict unauthorized drone access to their airspace, while commercial drone operators and companies that rely on UAS services face new compliance obligations, operational constraints, and potential criminal liability in designated zones.

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) marked the most significant expansion of FDA’s authority over cosmetics in 80 years — and the agency is putting that authority to work. From the launch of a new adverse event reporting tool to forthcoming rules on fragrance allergens and good manufacturing practices (GMP), FDA is reshaping the regulatory landscape for manufacturers, packers, and distributors of cosmetic and personal care products.

On January 28, 2026, the Federal Aviation Administration (FAA) announced that it would reopen the comment period for the Notice of Proposed Rulemaking (NPRM) titled “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations” for fourteen days. This NPRM, jointly published with the Transportation Security Administration (TSA) on August 7, 2025, introduces performance-based regulations for beyond visual line of sight (BVLOS) unmanned aircraft systems (UAS) operations and the third-party services that support them. Although the NPRM’s initial comment period closed on October 6, 2025, the FAA is now accepting additional feedback through February 11, 2026, with a particular focus on the proposed rule’s right-of-way and detect-and-avoid requirements. The FAA previously rejected formal requests to extend the initial comment period, citing the deadline imposed by Executive Order 14307.

Rule 16.1 of the Federal Rules of Civil Procedure, titled “Multidistrict Litigation,” takes effect today, December 1, 2025. The adoption of this rule provides a long-awaited framework specific to district courts’ management of MDL proceedings. However, many critics of the new rule are concerned that it does not impose mandatory obligations on MDL courts, and thus lacks the teeth required to establish meaningful change.

For years, the deployment of unmanned aircraft systems (UAS), or drones, in U.S. airspace has been constrained by regulations that limited how those devices operated when they strayed beyond the sightline of their human controller. Heretofore, regulations required drone operators to receive individual waivers or exemptions when using drones “beyond their visual line of sight,” known as BVLOS. Industry has felt that these regulations have hampered widespread UAS usage in areas such as package delivery, surveying, and farming, among others.

On April 2, 2025, the U.S. Supreme Court extended the reach of Section 1964(c) of the Racketeer Influenced and Corrupt Organizations (RICO) Act by holding that a plaintiff may seek treble damages for a business or property loss resulting from a personal injury.[1] The 5-4 decision has resolved a 3-2 circuit split over whether the RICO statute precludes relief for losses stemming from a personal injury.

Despite other sweeping changes to the federal government under the Trump administration, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), passed under former President Biden, remains good law. Below, we report on recent trends in FDA’s implementation and enforcement of MoCRA in the early months of Trump’s presidency.

On October 25, 2024, FDA issued final guidance to the tattoo industry on the preparation, packing and holding of tattoo inks aimed at preventing the risk of microbial contamination. FDA is getting involved because tattoo ink is considered a cosmetic product regulated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

Talc is a mineral ingredient used in many cosmetic and personal care products, including baby powder, root touch-up products, and blush. Because both talc and asbestos are naturally occurring minerals that may be found in close proximity in underground deposits, there is risk for contamination of asbestos in talc-based products.

As we have previously discussed, in recent years, consumers have increasingly demanded “cleaner” beauty products and more transparency in product labeling. In addition to the FDA’s increased authority to regulate cosmetics under MoCRA, a number of states have now taken steps to regulate ingredients in cosmetics by limiting, and in some instances even banning, the use of certain ingredients that may be potentially harmful or toxic.