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www.TheRoseSheet.com                 “The Rose Sheet”                                                                                                              


TOILETRIES, FRAGRANCES AND SKIN CARE

    THE NEWS THIS WEEK                                                                                       Vol. 31, No. 39             September 27, 2010

      Start Preparing For New California Regulation, Says Personal-Care Industry Attorney
     Proposed California regulation could require product reformulation – Part of the state’s Green Chemistry
      Initiative, the proposed Regulation for Safer Consumer Products includes provision for chemicals of concern
      that seems to be widening in scope with new draft. Personal-care items could be among “priority products”
      California will assess for hazards, with authority to regulate as it deems necessary ...............................................3


     Industry council, safe cosmetics group to push separate legislation in 2011 – Though consensus has it that
      the controversial Safe Cosmetics Act of 2010 will not move forward this year, the bill “generated a lot of
      interest and passion,” says Campaign for Safe Cosmetics’ Stacy Malkan. The Personal Care Products Council
      says its own proposal for “modernized” cosmetics regulation could be part of larger FDA bill in 2011 .................5


                                   Anxiety Mounts With Nov. 30 REACH Deadline In Sight
     Firms facing REACH deadline seek leniency in cases of supplier negligence – Genevieve Hilgers, REACH
      team leader for Procter & Gamble, and Brussels-based attorney offer perspective on manufacturer concerns
      with first REACH registration deadline looming. Data sharing and the possibility of overly harsh sanctions
      for non-compliance are contributing to anxiety ..................................................................................................... 6

     People In Brief – L’Oreal’s new Strategic Marketing department will be headed by Marc Menesguen,
      previously managing director of firm’s Luxury Products division. The Estee Lauder Companies puts Daniel M.
      Annese in charge of namesake brand’s six geographic regions. More personnel changes in the cosmetics sector..... 8

     Webby awards open: Will male grooming sites continue to dominate? – Humorous, risk-taking websites
      targeted to men ages 18 to 25, and Unilever’s Axe sites in particular, have been favorites among Webby
      Award judges over the past five years, but sites featuring “real people” and addressing the “realities” of
      beauty also are having an impact, says Executive Director David-Michel Davies ..................................................9

     Reckitt Benckiser launches recruitment game through Facebook to win fresh talent – Clearasil marketer’s
      PoweRBrands game, targeted to college students and young professionals, is designed to educate career-
      seekers about its unique corporate culture. Company also is taking steps to make RB as familiar a name as
      P&G and J&J ...................................................................................................................................................... 11

     HelixLife offers brilliant customized skin care based on targeted DNA analysis – With a cheek swab test
      consumers can access information about key genetic markers as well as custom-made skin-care formulas and
      nutritional supplements to compensate for “disadvantaged genes.” Every skin serum is made with 30 base and
      20 specially selected ingredients ......................................................................................................................... 12



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THE NEWS THIS WEEK                               (continued)                                                                                                                  Page 2

     L’Oreal’s Terre Saharienne mark for cosmetics – Mark published Sept. 21 for third-party review by the Patent &
      Trademark Office in its official weekly gazette ................................................................................................................. 14

                                                                       Marketing In Brief
Not Your Mother’s: “A new, fun, creative hair-care line made for the cool girls,” Not Your Mother’s launches with
six styling products offering salon-quality results at affordable prices, according to Sept. 15 release. Items include
All Eyes On Me hairspray infused with lemongrass and orange flower, She’s A Tease volumizing hairspray
enriched with apple blossom and bamboo, Beat The Heat thermal shield spray featuring sunflower and vitamins A
and E, and Beach Babe texturizing spray with Dead Sea salt and sea kelp. A frizz-control cream made with coconut
and silk extracts and a curl-defining cream containing grape seed and jasmine – Smooth Moves and Kinky Moves,
respectively – round out the line. Not Your Mother’s products retail for $5.99 apiece in Walmart doors and more
than 100 college bookstores, as well as online at NYMbrands.com. Company’s goal is to establish a relationship
with “sassy and savvy customers,” it says, noting that additional products are in development for early 2011 launch.

Avon: Direct seller introduces new hybrid Pro Color & Gloss Lip Duo, the “first-ever lipstick with a built-in gloss
core,” according to firm. A double-tipped wand allows user to twist one end for creamy color and squeeze the other
for “luscious gloss.” To double the drama, consumers can “apply both for saturated color with high shine.” Product
will retail for $10 starting next month and will be available in 10 shades including Pink Bouquet, Hot Lips, Twig
and Foxy Brown. Company also launches Sonic Boost vibrating mascara, which “gives you the perfect red-carpet
lash look by getting between the lashes and close to the roots,” says Avon Global Creative Color Director Jillian
Dempsey. A micro-vibrating brush simulates “the wiggling action makeup artists use for ultimate coverage and
definition” and provides 8,000 micro-pulse vibrations per minute for up to six times fuller lashes, according to firm.
Battery-operated mascara will be available in November for $16 through Avon representatives.

E’shee Clinical Esthetic: Somerville, N.J.-based firm launches E’shee Cellular Repairing Night Cream for treatment of aging and
photo-damaged skin. Formula contains peptide human acidic fibroblast growth factor (FGF-1) and human identical tissue
inhibitor (PEPHA-TIMP2), which “works to increase firmness, protect fibers and cell membranes and restore the dermal
tissue,” according to Sept. 23 release. Firm says researchers have found fibroblast stimulation can slow the aging process by
promoting continued synthesis of collagen, elastin and hyaluronic acid. “This is where human fibroblast growth factors in
topical application products can help,” says Nataly Giter, founder of E’shee. E’shee’s peptide-powered skin-care products
deliver results by activating stem cells in the skin. In June, firm launched a six-ampoule set of products sold in spas and doctor’s
offices featuring FGF-1. In a June 22 interview with “The Rose Sheet,” Giter acknowledged that “stem cells make some people
nervous.” However, “the customer is more educated now. It is not about taking someone’s and applying them to yourself, it’s
about repairing [damage to] your own cells from aging and pollution” (“The Rose Sheet” June 28, 2010).




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September 27, 2010                                  “The Rose Sheet”                                                         3

       Proposed California Regulation Could Require Product Reformulation
By possibly lengthening the list of chemicals California             only set forth a list of chemicals of concern by July
deems hazardous in consumer products, the newest                     2012, but then will create a list of priority products
version of a proposed regulation may have far-reaching               – taking into account the use of chemicals of
implications for the personal-care industry.                         concern and public exposure elements – to be
                                                                     finalized by December 2013. Each step along the
Part of California’s Green Chemistry Initiative –signed              way will allow for public comment.
into law in 2008 by Gov. Arnold Schwarzenegger – the
Regulation for Safer Consumer Products will                                           Firms manufacturing or distributing
identify and prioritize chemicals of concern in
                                                     Under the new version            priority products will need to conduct
consumer products and potentially require           of the regulation, DTSC           “science-based” alternatives assessments
manufacturers to reformulate products to            can deny an exemption             to evaluate toxicity and identify options
eliminate them.                                                                       for making products safer.
                                                  for chemicals used in
The previous draft of the regulation limited      minute concentrations,              After the assessments – which could
chemicals of concern to those already identified                                      include extensive product testing and
                                                    which provides “no                analysis of end-of-life product impacts –
as carcinogens or reproductive toxins under the
state’s Proposition 65, or “The Safe Drinking    regulatory certainty for             the state will have the authority to
Water and Toxic Enforcement Act of 1986.”          our people because it              regulate, potentially outlawing products,
However, the new iteration suggests including                                         imposing chemical limits or requiring
                                                    can be denied on a                product redesign.
chemicals that have been flagged by the
European Commission, the Environmental             whim,” said Council
Protection Agency or other authorities.                                             “If you are one of the unfortunate
                                                 attorney Thomas Myers.             priority products that has to go
“By expanding that [list], they’re actually                          through this alternatives analysis, it is clearly going
expanding the universe of chemicals they are going                   to be fairly burdensome,” Epperson said in a Sept.
to be regulating,” according to Thomas Myers,                        22 interview with “The Rose Sheet.”
associate general counsel for the Personal Care
                                                                     However, “if you’re a consumer product company
Products Council.
                                                                     and your product doesn’t have one of these priority
                                                                     chemicals, then you’re going to escape much of the
The new proposal, released Sept. 14, reflects
                                                                     impact,” the attorney said.
stakeholder feedback collected by California’s
Department of Toxic Substances Control on an
                                                                     To decide which products are priority products, DTSC
earlier version of the regulation.
                                                                     plans to start on products that affect “vulnerable
                                                                     populations,” such as children, the elderly and expectant
The public now has until Nov. 1 to submit                            mothers, Maziar Movassaghi, DTSC acting director, told
comments on the new version. The final regulation                    “The Rose Sheet” Sept. 16.
is slated to go into effect Jan. 1, 2011.
                                                                     “There are a huge number of consumer products out
While certain product areas such as drugs, devices,                  here that nobody’s really looking at to make sure
food and pesticides are excluded from the                            that they’re safe,” he said. “We have much to do in
regulation, it “generally affects anybody who                        an area where there are a lot of products that are
makes, distributes or sells a consumer product in                    untouched and unregulated.”
California,” according to John Epperson, an
attorney who handles environmental and product                       Movassaghi emphasized that the Regulation for
law for Farella Braun & Martel in San Francisco.                     Safer Consumer Products will not conflict with
                                                                     other state or federal regulations.
Deadlines Set For Chemical & Product Lists
                                                                     Industry, Activist Groups At Odds
A number of other changes have been introduced
from one draft to the next, including the setting of                 Council lawyer Myers maintains that personal-care
deadlines. Under the newest version, DTSC will not                   products are some of the safest consumer products

                                  Unauthorized photocopying is prohibited by law. See page one.
4                                                     “The Rose Sheet”                                     September 27, 2010

on the market, but they could be among the priority                    be a lot better,” said Bill Allayaud, director of
products DTSC chooses to review, he suggested.                         government affairs for California.

“I think that companies are going to have to start to                  “Here we still see the real possibility that with a lot
create within their own companies a framework for                      of consumer products we still won’t know what’s in
dealing with [the regulation],” he said, noting the                    them because of the presumed claim of a trade
“exhaustive” data collection that could be required                    secret,” he said in a Sept. 22 interview with “The
for an alternatives assessment. “Companies would                       Rose Sheet.”
do well to start to compile a lot of this information
on their products and the chemicals they’re using.”                    “We know and they know that there’s so much more
                                                                       now known by your competitor about your product
He indicated that industry was pleased with some of                    through reverse engineering that very little is secret
the changes made from the draft proposal, such as                      anymore,” Allayaud asserted.
the clarification of deadlines and the promised
opportunity for comment at each stage, while other                     He added that there are too many exemptions in the
changes are not as well-received.                                      proposed regulation “and the timeframes are too long still
                                                                       to help us get safer products before consumers.”
The draft regulation had indicated an exemption for
chemicals making up 0.1 percent or less of a consumer                  Even with the deadlines, industry could still “slow
product by weight, which would have excused many                       the process down,” he suggested.
personal-care products from the regulation.
                                                                       Program Funding In Question
The latest version states that DTSC can deny the
exemption as it sees fit.                                              When all is said and done, cash-strapped California
                                                                       may not have the resources to undertake the
“This actually erodes the utility of the [exemption] by                envisioned program. “If they’re not given the
allowing DTSC to deny or rescind it for a whole host of                resources to adequately staff the program, they’re
reasons,” Myers said. “There’s no regulatory certainty for             not going to start off with an overly aggressive list
our people because it can be denied on a whim.”                        of products,” Epperson said.

Meanwhile, the draft regulation has not been                           Costs to fund the program could potentially fall to
improved with respect to trade secrets – which are                     manufacturers, according to Myers.
“still at risk,” according to Myers.
                                                                       EWG’s Allayaud says it may be worth passing
Movassaghi is of a different opinion. Thanks to                        on a piece of the cost to consumers. “Our take on it
feedback from industry, he said, the proposed                          is: Would consumers be upset if it cost a penny or
regulation has been revised to better protect                          two more for a bottle of shampoo or lotion if they
confidential business information.                                     were sure they were getting safer products? ... I
                                                                       don’t think so,” he said. “We’re not talking about
“We want businesses to innovate and identify safer                     major increases here to fund a program. ... We think
solutions to known problems,” he said. “That means                     it’s critical that funding be established soon and
that we have to respect the proprietary information.                   if need be on products to have a program that’s
Information to us is submitted in redacted and non-                    workable.”
redacted versions, and we only make the redacted
version publicly available.”                                           According to Movassaghi, discussions are ongoing
                                                                       to determine a long-term funding structure for the
Activist group the Environmental Working Group                         regulation.
believes the current version of the proposed regulation is
superior to earlier drafts. “But we’re still hoping this can           – Lauren Nardella (l.nardella@elsevier.com)




                                    Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010                                    “The Rose Sheet”                                                   5

Industry Council, Safe Cosmetics Group To Push Separate Legislation In 2011
With consensus that the game-changing Safe                             The trade association has introduced its own
Cosmetics Act of 2010 will not move forward this                       proposal to modernize FDA’s oversight of the
year, industry stakeholders are readying for the next                  industry. Its plan would make mandatory some
legislative session.                                                   elements of FDA’s Voluntary Cosmetics
                                                                       Registration Program, establish Good
Activist group the Campaign for Safe Cosmetics is
                                                                       Manufacturing Practices for industry and enlarge
continuing its efforts behind the bill, which would
                                                                       FDA’s role in evaluating the safety of cosmetic
dramatically increase cosmetics regulation in the
                                                                       ingredients (“The Rose Sheet” July 19, 2010).
U.S., while trade association the Personal Care
Products Council is meeting with legislators to                        The Council is moving forward with its proposal
champion its own vision for the industry.                              and looks for related legislation to be introduced in
                                                                       2011, according to John Hurson, the Council’s
Introduced July 20 by Rep. Jan Schakowsky, D-Ill.,
                                                                       executive vice president of government affairs.
The Safe Cosmetics Act (HR 5786) would require
manufacturers to register their operations, supply                     “We’re going to have to wait and see what happens
FDA with a wealth of safety data and offer full                        in the November elections before we make any firm
ingredient disclosure on product labeling (“The                        requests for introduction,” with the makeup of the
Rose Sheet” July 26, 2010).                                            next Congress yet undetermined, he told “The Rose
The bill has been referred to the Committee on                         Sheet” Sept. 22.
Energy and Commerce and the Committee on                               “I think that as we get closer to the convening of the
Education and Labor.                                                   next Congress in January, we’ll become more
It is not likely to move out of committee this year because            focused on exactly which members we will be
of the limited time remaining in the Congressional session             hopefully working with to get our legislation
and the upcoming November elections.                                   enacted,” Hurson said.

Stacy Malkan, spokeswoman for the Campaign for                         In the meantime, the Council has been working with
Safe Cosmetics, called the bill “a huge endeavor”                      leadership from both parties “to get the positions
that has “generated a lot of interest and passion.”                    that the Council has in legislative language into a
                                                                       moving vehicle,” the exec said.
“I think it’s certainly gotten a lot of attention and
it’s really the first serious attempt in many decades                  Hurson acknowledged that the vehicle may not be
to seriously overhaul the cosmetics regulations, so                    its own bill. “We will probably be part of some sort
it’s understandable it would be generating such                        of larger FDA bill” – he cited the FDA
interest,” she told “The Rose Sheet” Sept. 21.                         Globalization Act of 2009, introduced by Rep. John
                                                                       Dingell, D-Mich., as an example of that type – “but
According to Malkan, the Campaign wants to ensure that                 we are working with committee leadership in both
the bill is “both meaningful to protect public health and              parties to really try to make sure that when an FDA
also workable for small businesses.” She expects the Safe              bill moves next year, we’re able to be part of that.”
Cosmetics Act to be one of the first items taken up in the
    th
112 Congress.                                                          The Council recently launched an advocacy website
                                                                       at CouncilPolicyCenter.org, which provides detail
In July, the Campaign released a viral video to drum                   on its policy work. The site gives members and the
up public support for the legislation. “The Story of                   public the opportunity to learn about the Council’s
Cosmetics” has been viewed more than 350,000                           positions on cosmetics legislation and refers visitors
times (“The Rose Sheet” July 19, 2010).                                to forms that can be used for contacting their state
The Personal Care Products Council has condemned                       legislators or other Congressional members.
the “shockumentary” in a statement and features a                      Furthermore, the Council is working with other
“science-based” rebuttal video on its website.                         trade associations including the Direct Sellers
Council Forges Ahead With Its Plan                                     Association and the Professional Beauty
                                                                       Association “to get them interested in pursuing this
The Council has been critical of the Safe Cosmetics                    legislation,” Hurson said.
Act as well, maintaining that it would overextend
FDA and put an undue burden on industry.                               – Lauren Nardella (l.nardella@elsevier.com)
                                    Unauthorized photocopying is prohibited by law. See page one.
6                                                    “The Rose Sheet”                                    September 27, 2010

 Firms Facing REACH Deadline Seek Leniency In Cases Of Supplier Negligence
With the Nov. 30 REACH deadline looming,                              safety sheets and the word of their suppliers that the
cosmetic companies are urging the European                            material they sell is in compliance.
Commission to spare downstream users from
                                                                      “Sometimes you just don’t know if your substance is
sanctions when a supplier fails to comply with
                                                                      registered or not, and you will be penalized even if you
Europe’s chemicals law.
                                                                      have written thousands of letters to suppliers
“If suppliers have not done their job in ensuring                     beforehand,” Hilgers said.
compliance of substances, and the agency discovers it,                P&G, along with the Coalition of Downstream
they should give downstream users time” to act                        Users, recently sent three letters to the European
accordingly before levying sanctions on those firms, said             Commission urging it to find a solution to the issue
Procter & Gamble’s Genevieve Hilgers.                                 of supplier transparency.
During a Sept. 23 interview with “The                                                 Among other requests, the group asked
Rose Sheet,” Hilgers discussed the most            “Sometimes you just
                                                                                      the EC to provide conditions under
pressing issues firms are facing in                 don’t know if your                which an unregistered substance may
anticipation of the Nov. 30 deadline set         substance is registered or           still be used by downstreamers in cases
by the EU’s Registration, Evaluation,                                                 where it can be demonstrated that
Authorisation & Restriction of                      not, and you will be              attempts to obtain data from suppliers
Chemicals law.                                     penalized even if you              were unsuccessful.
With 30 manufacturing sites in the EU            have written thousands of            Sanctions Too Harsh?
producing 200 consumer branded products,             letters to suppliers             Exacerbating the sense of urgency is the
Cincinnati, Ohio-based P&G has from the
beginning vowed to become a key player in
                                                 beforehand,” said P&G’s              “complexity” of the registration process
                                                   REACH team leader                  and the heavy fines that can be exacted
defining the role of downstream users under
                                                                                      from companies that do not comply with
REACH, in addition to registering                   Genevieve Hilgers.                REACH provisions, Hilgers said.
substances the firm brings into the EU itself.
                                                                      She noted that, on paper, the law covers more than
Hilgers, who serves as P&G’s REACH team leader,                       10,000 pages. “Typically, the more complex a
says the company is preparing to submit dossiers for                  regulation is to follow, the more time companies are
about 30 substances by the end of November.                           given to adapt to everything, to have all their tools
Under the chemicals law, manufacturers and                            ready,” she said. However, the guidance has
importers of chemicals in volumes of 1 ton or more                    changed so much so close to deadline dates that “it
per year were required to pre-register their                          is extremely challenging to adapt to it.”
substance with the European Chemicals Agency by                       Hilgers also questions what she sees as excessive
late 2008. Firms now must register their substances                   sanctions for companies that miss deadlines. “These
on a rolling schedule based largely on tonnage. The                   are huge sanctions which arrive immediately” after
Nov. 30 deadline pertains to companies working                        failing to meet a deadline or violating the law in
with substances in volumes of more than 1,000 tons                    some other way, she said.
or those with known hazardous properties. Other
deadlines are slated for 2013 and 2018.                               European Member States impose various penalties
                                                                      for non-compliance, whether in the form of
Cosmetics firms and other downstream users must                       administrative fines or criminal sanctions, with
ensure that their suppliers have fulfilled pre-                       levels highest in the U.K., Belgium, Ireland, Poland
registration obligations and that they register by the                and Portugal.
deadline applicable to them.
                                                                      In Belgium, for example, once a violation of REACH is
Hilgers noted that a major problem for companies in                   identified, authorities can issue a warning letter within
the process is the fact that suppliers are not legally                30 days to the parties involved. In certain cases, companies
bound to provide their pre-registration numbers –                     might get no warning and instead find themselves facing
which can indicate compliance – downstream. So                        an administrative fine, which ranges in Belgium from
companies purchasing those substances have only                       around €142 for minor violations to up to €2.75 million for

                                   Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010                                    “The Rose Sheet”                                                       7

serious violations, or criminal sanctions, which take the              are not fully aware of their obligations under
form of fines and/or incarceration. Entities who knowingly             REACH. Some suppliers failed to pre-register
jeopardize human health or safety can be incarcerated for              “because they thought that the substance was not
eight years, according to a report submitted in March to the           subject because of volume or they did not think it
EC by consulting firm Milieu LTD.                                      fell under the requirements” of REACH, according
                                                                       to Garcia Molyneux.
“Knowing the complexity of the guidance and the
way it changes even within a couple of days before                     However, he maintains that cosmetic companies are
a deadline makes the sanctions for me                                  not helpless or without options, even two months
unacceptable,” Hilgers said.                                           out from the deadline. “The good news here is that
Challenges Of Collaboration                                            there may be ways around it. There are ways to fix
                                                                       it and benefit from the phase-in deadline,” he said.
Hilgers suggested that Substance Information
Exchange Forums (SIEFs) – groups of companies                          Downstream users who have not yet drawn up a
working together to avoid duplicating registration                     contract with suppliers should do so now, he said.
efforts and costs for the same substances – will in                    The contract should direct suppliers to “comply with
the long run help to streamline the REACH process.                     all REACH requirements” and have them pledge to
                                                                       never sell a non-compliant substance. If suppliers
However, data sharing creates its own set of                           cannot give assurance that they will register their
challenges. “Sometimes what they are asking us to                      substance by Nov. 30, they should submit in writing
do with competition is share tons of information                       “an explanation as to why they don’t have to register
that is confidential, and that is one reason we have                   by that deadline,” Garcia Molyneux said.
to involve a ton of lawyers” in the process, she said.
Hilgers says that P&G has protected its intellectual                   Firms should be clear with suppliers that if those
property by creating consortia with other companies                    terms cannot be met, they will seek new sources for
within its SIEFs to collect, evaluate and share data                   the material.
according to their particular needs. “We have good                     Regarding sanctions, Garcia Molyneux noted that
contracts, we do not work with a massive amount of                     there are discussions taking place between the
people, and the people we work with have good                          Commission, industry and member States, and
technical knowledge,” she said.                                        “though it is not clear yet, I do think the authorities
However, according to Hilgers, data sharing in the                     will decide to be lenient” in certain cases, he said.
forums will become messier when companies come up                      He suggested that authorities may give leeway in
against the 2013 and 2018 registration deadlines, as those             cases where a firm purchases material from a
deadlines will require dossiers for substances used in                 supplier prior to a deadline, only to have the
smaller tonnage levels per year and will bring entities                supplier fail to submit its dossier in time.
into SIEFs with less technical knowledge.
                                                                       As for meeting deadlines, the attorney advises firms that
While the REACH process is at times a “painful                         it is better to submit an incomplete “but not inaccurate”
exercise,” Hilgers believes in its long-term payoff.                   dossier than to not submit any dossier at all.
“We fully support the objectives of REACH,” she
said. “And all this data generated, all the                            Garcia Molyneux noted that compliance with the
methodologies, could have benefits that work                           first registration deadline is one step in a larger
throughout the world.”                                                 process, and firms should keep their eye on the
                                                                       bigger picture and be mindful of the information
Attorney Urges Last-Minute Due Diligence                               they supply in their dossiers. “For key ingredients,
The Brussels office of international law firm                          companies should think about what is going to
Covington & Burling LLP, which counsels cosmetic                       happen next, how that registration could trigger
firms on REACH compliance, offered its                                 other requirements and how this could impact
perspective on manufacturer anxieties with the first                   other” types of regulations pertaining to cosmetics
REACH registration deadline rapidly approaching.                       and detergents. “Because of the stakes involved in
                                                                       the long run, companies need to participate in the
Counsel Candido Garcia Molyneux agreed with                            process as much as possible,” he said.
Hilgers that supplier transparency is an issue for
many downstream users. Moreover, many suppliers                        – Eileen Francis

                                    Unauthorized photocopying is prohibited by law. See page one.
8                                                    “The Rose Sheet”                                  September 27, 2010

                                                    People In Brief
L’Oreal strategic marketing: Firm appoints Marc Menesguen head of L’Oreal’s newly created Strategic Marketing department,
“a result of the decision to anticipate worldwide evolutions in order to steer the group towards essential transformations in the
areas of strategic watch, consumer understanding, marketing creativity, advertising creation, digital communication and
distribution methods,” according to Sept. 21 release. He joined L’Oreal in 1985 and served in management positions overseeing
L’Oreal Paris in the U.K. and France, Lancome and L’Oreal Japan before being named managing director of firm’s Luxury
Products division in 2004, where he was integral in the post-acquisition integration of Yves Saint Laurent, among other
accomplishments. Effective Jan. 1, 2011, Nicolas Hieronimus – credited with “creating the international L’Oreal Paris brand
which he managed for nearly five years” – will replace Menesguen as managing director of luxury products, vacating his spot as
managing director of professional products, which will be filled by An Verhulst-Santos. Verhulst-Santos is “a professional
products expert,” having spent her whole L’Oreal career in the sector in management roles across Europe, in Brazil and in the
U.S., company notes.
Promotions at Estee Lauder, Clinique: The Estee Lauder Companies promotes Daniel M. Annese to oversee its Estee Lauder
brand’s six geographic regions and global education function in the newly created position of senior vice president, global
general manager, market development. Annese – who joined the firm in 1994 – guided the brand’s international business
through “five years of uninterrupted growth,” Global Brand President Jane Hertzmark Hudis says in Sept. 22 release.
Simultaneously, Estee Lauder names Charisse Ford senior vice president, global marketing, in charge of Estee Lauder
programs for skin care, fragrance and makeup. Ford led launch of Advanced Night Repair Synchronized Recovery Complex,
“the biggest launch in the brand’s and the company’s history” and served in various marketing positions at Avon, Sara Lee and
Kraft Foods before joining Estee Lauder in 2005. At Clinique, Ricardo Quintero has been tapped to head worldwide market
development. Quintero – who previously oversaw Clinique’s business outside of America and held posts in firm’s Korea and
Mexico offices – has “delivered strong growth and market share gains,” says Lynne Greene, global president of Clinique,
Origins and Ojon.
Symrise cosmetic innovation: Gabriele Vielhaber will oversee the Cosmetic Ingredients & Innovation department in Paris
within Symrise’s Life Essentials division, which was formerly designated as its “Cosmetics” business. Holzminden, Germany-
based firm touts Vielhaber’s “extensive background in the field of cosmetic raw materials as well as solid knowledge of the
international cosmetics market.” Previously, she was head of company’s Global Innovation program in its Scent & Care
segment, which includes Fragrances, Aroma Molecules and Mint in addition to Life Essentials. Vielhaber “made major
contributions to expanding the research program at Life Essentials and played an indispensable role in launching the innovation
strategy of the Scent & Care division in 2008,” says Sept. 16 release.




                                   Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010                                “The Rose Sheet”                                                        9

     Webby Awards Open: Will Male Grooming Sites Continue To Dominate?
Entries are being accepted for the Webby Awards’                   TheFixers.com takes the guise of a talk show,
best beauty/cosmetics website, which in four of the                schooling guys, for example, on the importance
last five years has gone to a male grooming brand,                 of being alert in the morning for the chance
and more often than not one of Unilever’s.                         encounter with a desirable woman. Axe shower gels
                                                                   – in Rise, Shock, Snakepeel and Fever variations –
Established in 1996 by a group of Internet                         are recommended.
aficionados from The Web magazine that would
evolve into the International Academy of the Digital       The show’s host, “The Fixer” – who has “been around a
Arts and Sciences, the Webby Awards is now touted          bit, and knows what’s what” – tackles such important
as “the leading international award [program]              issues as “questionable hookups” and “Latin party spirit”
honoring excellence on the Internet.”                      while running visitors through various pranks that can be
                                                                         played on friends who need their “game”
         th
For its 14 Annual Webby Awards,                Discussing Unilever’s fixed. Scantily clad females are never far
celebrated in June, IADAS received             Axe ads, Davies noted out of frame.
nearly 10,000 entries from more than
60 countries and all 50 states and gave
                                                    that young men                Unilever/Axe is no stranger to the Webby
out more than 100 awards across                 represent “a growing              Awards. The prurient men’s brand won a
industries in four categories – Website,                                          Webby last year for its “100 Girls” site,
                                                audience and a hard-              which allowed users to upload a photo of
Interactive Advertising, Online Film &
Video and Mobile.                                 to-reach audience,              their hair and be judged – seemingly live –
                                                 and it requires a lot            by a roomful of women as part of its Hair
                                                                                  Crisis Relief Campaign (“The Rose Sheet”
Among beauty/cosmetics website entries,         of creativity because             March 23, 2009).
five nominees were selected by executive
academy members – “visionaries,                    it’s a very cynical
                                                                               For the 2007 awards, Axe was
evangelists and luminaries who have             audience. So you see           nominated for two sites –
catalyzed great achievements on the
                                                 riskier campaigns.”           Gamekillers.com and AxeLab.net –
Internet” – from a list pared down by
                                                                               though Philips took home the prize for
associate academy members, who include former
                                                                   its Norelco Bodygroom site ShaveEverywhere.com
Webby winners and other industry experts,
                                                                   (“The Rose Sheet” April 16, 2007).
IADAS says.
                                                                   Axe’s overseas counterpart Lynx nabbed a Webby
Musicians Beck and David Bowie, Internet inventor                  in 2008 for its “Lynx Effect” site and was
Vint Cerf, “The Simpsons” creator Matt Groening                    nominated the year before for LynxBlow.com,
and writers and editors from The New York Times                    which allowed Web users with sufficient lung
and Wired, among other publications, are among                     capacity to blow the frost – and the clothes – off of
academy members.                                                   beautiful women frozen in time.

The five beauty/cosmetics website nominees this                    Davies recognized in a Sept. 22 interview with “The
year were Henkel/Dial’s GetMagnetic.com, Make                      Rose Sheet” that Unilever has “been very successful and
Up For Ever’s HD-Generation.com, Hearst                            aggressive about how they market on the Internet.”
Communications’ RealBeauty.com, Sephora’s
SephoraClaus.com and the ultimate winner,                          He pointed out that the company’s target
Unilever/Axe’s The Fixers.com.                                     demographic for Axe – young men 18 to 25 years of
                                                                   age – is “a growing audience and a hard-to-reach
“The beauty and cosmetics industry is doing some                   audience, and it requires a lot of creativity because
of the most interesting and innovative work on the                 it’s a very cynical audience. So you see riskier
Internet today,” says David-Michel Davies,                         campaigns and more outrageous campaigns than
executive director of the Webby Awards, in a                       you might for some other audiences that are a little
Sept. 14 release.                                                  easier to reach,” Davies said.



                                Unauthorized photocopying is prohibited by law. See page one.
10                                                    “The Rose Sheet”                                   September 27, 2010

He noted also that humor generally “plays really                       He cited Unilever’s “Evolution” video, created for
well on the Internet – that’s just a fact.”                            its Dove Campaign for Real Beauty and launched
                                                                       online in 2006, which uses time-lapse effects to
Sites Of A Different Theme Not Ineligible                              show how a “normal” woman is transformed by
                                                                       makeup artists and stylists – and even digital
Henkel/Dial’s “Get Magnetic” site, which                               “Photoshopping” manipulations – into the strikingly
was nominated for a 2010 Webby, also is                                beautiful face that appears on a billboard.
designed to help men succeed with women,
with a tutorial on the role of pheromones                                              The ad is accompanied by the tagline:
                                                        “For so long we                “No wonder our perception of beauty
in sexual attraction, an “Ask the Sexperts”
section and a “How Magnetic Are You?”                watched these ads on              is distorted.”
Aptitude Test.                                        television that were
                                                                                       Davies maintains that the Internet has
                                                     really focused on the             allowed advertisers to tell this kind of
But not all Webby nominees focused on
men and their mating objectives. Davies                glitzy,” with “that             story in a way that the 30-second TV spot
contrasted the “hyper male-oriented”                                                   never did. In addition, in an environment
                                                        hard shimmer of
TheFixers.com with RealBeauty.com,                                                     where consumers can react to advertising
which features primarily editorial content
                                                     ‘Look Pretty Now!’”               and share their thoughts with others,
and is “very female-oriented.”                        However, “that sort              “realness” becomes imperative.
                                                      of highly produced               “For so long we watched these
The site bills itself as “the world’s premier
source for everything that goes into
                                                      fiction just doesn’t             advertisements on television that were
                                                        play as well in a              really focused on the glitzy,” with “that
making yourself beautiful – on the inside
                                                                                       hard shimmer of ‘Look Pretty Now!’”
and out.” In addition to hairstyle and               medium where people               Davies said. However, “that sort of highly
makeup tips, Real Beauty addresses
                                                      can talk.” – Webby               produced – I don’t want to say lie – but
physical fitness and keys to a healthy diet
                                                                                        highly produced fiction just doesn’t play
as well as the importance of mental health              Awards Director                as well in a medium where people
through stress relief and a positive
                                                     David-Michel Davies               can talk.”
self-image.
                                                                                                              th
                                                                       The early-entry deadline for the 15 Annual Webby
Make Up For Ever’s HD-Generation.com features
                                                                       Awards is Oct. 29. Nominees will be announced in
zoomable photos of young women ranging from
                                                                       April 2011, and winners will be honored at the gala
actresses and stylists to a Pilates instructor and a bank
                                                                       ceremony in June.
coordinator, along with the steps taken to achieve their
makeup looks and links for purchasing products.                        According to Davies, recognition with a Webby
                                                                       “can symbolize that [a brand] is part of internet
Davies noted that those sites and others in the beauty                 culture and that their marketing and the way they
sector increasingly are focusing on “real people.”                     talk to their audience is new and modern, and when
                                                                       you’re trying to sell beauty products that’s actually
RealBeauty.com often derives content from its                          pretty important.” Further, “it really differentiates
readers, for example, using Twitter to collect their                   them from their competitors in material ways.”
beauty tips, and the site features a section entitled
“Real Beauties: What I Do.”                                            In addition, consumers vote online for their favorite
                                                                       nominated websites to determine the Webby’s “People’s
Internet Exposes “Realities” Of Beauty                                 Voice” winners. Last year, more than a million votes
                                                                       were cast, Davies said, “so it really can bring increased
The “realities” of beauty and “all the personal stuff                  exposure to the site and a brand itself.”
that goes into looking your best” have been brought
out with Internet advertising, Davies asserted.                        – Ryan Nelson (r.nelson@elsevier.com)




                                    Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010                                 “The Rose Sheet”                                                   11

 Reckitt Launches Recruitment Game Through Facebook To Win Fresh Talent
In an effort to recruit executive talent and assert its             ambitious” and “innovative” thinkers between the
corporate identity, Reckitt Benckiser has launched a                ages of 18 and 30 years of age.
social media recruitment game on Facebook and
added an “RB” tag to its branded ad campaigns.                      The game is intended to mirror the real-life
                                                                    experience of being a marketing executive in a
“On campus, we want to be thought of in the same                    cutting-edge company such as Reckitt, the company
breath as Procter & Gamble and SC Johnson, Kraft                    explains in a Sept. 9 release promoting the official
or Colgate-Palmolive,” RB Communications                            launch of the game.
Manager Caroline Hey told “The Rose Sheet.”
                                                                    Players are given tasks and assignments to complete
Currently, when it comes time for college students                  via e-mail and phone calls, and “depending on how
to think about where to start their careers, “they                  well you complete them, you will progress through
don’t think of RB,” she said in a Sept. 17 interview.               the company getting a fancier office and a better
                                                                    view from your office window,” RB says.
Although in market research people tend to
recognize the company’s brands – which include                      The game aims to pull talent from “where they
Clearasil, Veet, French’s Mustard and Mucinex –                     spend their time,” the company says. Viewers are
they typically are not familiar with the name of the                informed about the site through friends on Facebook
parent company.                                                     who recommend they join the game as an associate
                                                                    in their virtual office.
“We want people to come to us; we want our
candidates to really know us,” Hey said.                            The game also is supported by a Facebook fan page
                                                                    and through ads on Facebook, Adknowledge,
The firm’s new social media game, called                            Yahoo!, Hotjobs and LinkedIn.
PoweRBrands, is available through Facebook and is
designed to scoop “the cream of the crop” from                      Finally, PoweRBrands is promoted on the
college campuses, which would make RB less                          recruitment page of Reckitt’s corporate website
dependent on hiring individuals who have already                    (RB.com). There, visitors are asked: “Are you a
worked for competing companies.                                     hidden gem of the business world? Do you have
                                                                    what it takes to outshine everyone else?”
“Traditionally we would get very talented people,
but it was not a true culture fit,” Hey said. “So we                The site acknowledges that PoweRBrands “is all
said, let’s find people at the beginning of their                   a bit of fun, really, but it does have a serious
careers, bring them in and engage them in our                       purpose: RB wants potential future employees to
culture right away.”                                                know and understand what sort of career they can
                                                                    expect at RB.”
She added that the RB corporate culture is one
where people can “move along quickly,” though                       During its first month live, the site attracted 40,000
that is not a fact well-known among career-seekers.                 players, 120,000 visits and 5,800 Facebook fans,
                                                                    according to Reckitt.
“We are a very forward-looking company with a
vibrant culture and we give real opportunity very                   From “Reckitt” to “RB”
early,” she said. “If you show the aptitude and
initiative and drive, within three months’ time of                  The U.K.-based company also is taking its
joining us you could already be moving up.”                         recruitment efforts into the consumer advertising
                                                                    realm, adding the tag “Discover RB” to the end of
Seeking Innovative Thinkers                                         TV ads for brands including Clearasil and Veet.

PoweRBrands was beta-tested on Facebook in July                     The tag is intended to drive people to the
and was officially launched in the U.S. market in                   company’s corporate recruitment page on its
early September, targeting “well-rounded,                           website, where they can learn more about Reckitt’s
                                 Unauthorized photocopying is prohibited by law. See page one.
12                                                   “The Rose Sheet”                                    September 27, 2010

brands and read about the opportunities available at                  P&G has a recruitment section on its website at
the company and what current employees are saying                     ExperiencePG.com and also touts its career
on the “My RB Opportunity Blog.”                                      opportunities on Facebook and LinkedIn.

Using the “RB” acronym in promotional material                        Like Reckitt, French beauty company L’Oreal uses
could help it to catch on with consumers in the same                  unique social media strategies to target college students.
way that Procter & Gamble is widely known as                          Through a recruitment page on Facebook, the firm
“P&G” and Johnson & Johnson as “J&J.”                                 promotes an annual competition that challenges
                                                                      marketing pupils to act as L’Oreal brand managers.
Already with strong name recognition, P&G has
built upon that equity recently with consumer ads                     The competition, called “Brandstorm,” invites college
that unite the firm’s major brands, including Crest,                  students in groups of three to tackle a marketing challenge
CoverGirl and Clairol, under the firm’s larger                        and develop a range of L’Oreal products. Students are
corporate banner.                                                     invited to Paris for a final round of competition each year,
                                                                      where three teams are awarded prizes.
Based on the success it had partnering with the U.S.
Olympic committee during the Vancouver 2010                           This year, Brandstorm – which has run since 1993 –
Winter Games to promote brands under the P&G                          drew participation from more than 43,000 students
umbrella, the firm has extended the arrangement                       from 285 universities in 43 countries, L’Oreal says.
through 2020 (“The Rose Sheet” Aug. 2, 1010,
In Brief).                                                            – Eileen Francis


      HelixLife Offers Customized Skin Care Based On Targeted DNA Analysis
HelixLife joins an elite pack fighting skin aging at the              “We have in our bodies a total of three billion units
DNA level with a personalized skin-care solution                      in our DNA,” said Dr. Robert Ricciardi, founder of
designed to compensate for “disadvantaged genes.”                     GeneLink. “Our test will nail one out of the three
                                                                      billion – that is the degree of precision.”
The fruit of its partnership with GeneLink
Biosciences, Inc., HelixLife’s brilliant wellness                     The consumer receives a report after six core gene
system consists of nutritional supplements and                        snips are analyzed for tiny variations in DNA called
topical skin care custom-formulated for optimum                       single nucleotide polymorphisms (SNPs) to
results, based on the user’s genetic profile, the                     determine how vulnerable he/she is to oxidative
Orlando, Fla.-based company says.                                     stress and skin aging.

                                                                      For example, a person with an SNP in the SOD2
“When we design a product, we design it from the
                                                                      (Manganese Superoxide Dismutase) gene will not have
science side [based on] what your body needs, not
                                                                      the same enzyme levels as others and will “therefore
what ingredients can we afford to put in the bottle,”
                                                                      have a weak first line of defense against free radicals,”
Gary Beeman, CEO of GeneLink, told “The Rose
                                                                      whereas an SNP on the MMP1 (Matrix
Sheet” on Sept. 22. “The ingredients are dictated by
                                                                      Metalloproteinase) gene could cause an individual to
what your DNA tells us,” he said.
                                                                      overproduce collagenase, which degrades collagen,
                                                                      resulting in fine lines and wrinkles.
The exec compared the system to “buying a dress or
a suit and having it fitted exactly to you.”                          Other gene snips targeted by HelixLife’s testing include
                                                                      GPX1 (Gluthione Peroxidase 1), EPHX (Microsomal
To identify disadvantaged genes, or genes that make                   Epoxide Hydrolase), TNF (Tumor Necrosis Factor) and
an individual more prone to skin damage,                              NQ01 (Coenzyme Q10 Reductase).
HelixLife/GeneLink collects a DNA sample from
the customer via a cheek swab test. The swab is                       “By measuring these SNPs through a DNA
mailed to the company’s lab where the cells are                       assessment, we can impact the expression of our
opened to expose DNA, which is then amplified a                       genes through proper nutritional and lifestyle
million-fold so that specific genes can be identified.                support,” the company explains online.


                                   Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010                                  “The Rose Sheet”                                                        13

HelixLife’s report back to customers includes color-                 HelixLife’s portfolio also includes a non-
coded indications for where no additional support is                 customized, benzoyl-peroxide-free anti-acne serum
needed (green), some additional support is needed                    called clear. Its ingredients are delivered “via
(yellow) or maximum support is needed (red).                         liposomal methods that are similar to a skin patch,”
                                                                     according to the HelixLife website.
Consumers interested solely in having this “snapshot of
elements of your genetic makeup” can purchase the                    The company plans to reach customers through
company’s assess kit and analysis for $259.                          Facebook and is developing online videos featuring
                                                                     interviews with doctors endorsing its products.
Alternatively, on the basis of their genetic profile,
HelixLife offers to provide customers “the right                     DNA Research Increasing Behind Skin-Care Scenes
vitamin and mineral support your body needs to
deal with oxidative stress, environmental pollutants,                La Jolla, Calif.-based DermTech International has
collagen breakdown and the lack of antioxidant-rich                  patented technologies for the non-invasive
foods in your diet.”                                                 collection of genetic material from skin as well as
                                                                     gene expression analyses. In February, the
Every brilliant skin serum consists of 50 ingredients,               company’s CEO George Schwartz spoke with “The
30 of which form a base and 20 that are specially                    Rose Sheet” about the possibility of using its
selected. For consumers susceptible to oxidative stress,             technology to fit consumers with personalized skin-
for example, customized add-ins include spirulina                    care regimens.
powder, OxyPhyte green tea extract, OxyPhyte white tea
extract, bilberry extract and vitamin B3.                            Schwartz claimed that DermTech’s Epidermal Genetic
                                                                     Information Retrieval (EGIR) adhesive skin sampling
“Customized products are designed to help your
                                                                     technique – which uses a hand-held device with an
body get additional support where it needs it most
                                                                     adhesive on the end to collect cells from the upper layer
without giving you more help than you need,” the
                                                                     of skin – is unique in that it does not require a biopsy and
firm explains on its website. “That’s really the
                                                                     therefore could be used in a store setting to sample cells
problem with ordinary dietary supplements and
                                                                     (“The Rose Sheet, Feb. 8, 2010).
skin-care products. No one seems to know exactly
what the right amount is, which supplements are
                                                                     Among other companies focused on DNA is clinical
best or needed and how to create a regimen that
                                                                     skin-care and medical laser company PhotoMedex,
meets the unique needs of your body.”
                                                                     which recently launched its Neova DNA + Copper
                                                                     Combination Therapy Products to “address DNA
Ricciardi expanded on that concept. In other skin
                                                                     damage by activating the skin’s natural recovery
serums, he said, “if there’s too much of some
                                                                     process after damage has occurred but before the
things, then there’s less of something else. We try to
                                                                     inevitable consequences occur.”
optimize for you what is best for you based on
something very rational. We hit areas that we think
are extremely important to your skin health that we                  Liposome-encapsulated DNA repair enzymes are
have found are better based on your DNA.”                            delivered to the epidermis, while copper peptide
                                                                     complex restores the skin’s ability to repair itself,
HelixLife’s customized skin-care program is priced                   the company explains in its Sept. 15 release.
at $139 per month. To add customized supplements
to the plan, the total per month cost is $239.                       EliteSkin’s DNA Rejuvenation System combats
Consumers are locked into the initial two months to                  aging by maintaining the length of telomeres, which
cover the cost of the DNA test.                                      are DNA strands that shorten as aging cells divide
                                                                     (“The Rose Sheet” Aug. 23, 2010).
The company also sells its 30-ingredient base alone,
branded as the glow anti-aging serum ($69). It                       CellCeuticals says its GFP Cellular Complex
contains aloe, vitamin B5, glycerin, rice bran oil,                  represents “the culmination of more than 15 years
cabbage leaf extract, cat’s claw extract, copper                     of protein and DNA research (“The Rose Sheet”
peptide, glycine, soy protein and polyglyceryl-4                     Feb. 1, 2010).
caprylate, among other natural and organic
ingredients, the firm says.                                          – Suzanne Blecher (s.blecher@elsevier.com)
                                  Unauthorized photocopying is prohibited by law. See page one.
14                                                     “The Rose Sheet”                                           September 27, 2010


Weekly Trademark Review                                                                        Issued Sept. 21, 2010
[Class 3 (Cosmetics & Cleaning Preps) compiled by “The Rose Sheet” from Official Gazette of the U.S. Patent and Trademark Office]
                               Trademark No./                                    Filed Date
Product Name                   [Serial No.]      Company                         [Published]        Class Nos.            First Use Date
Marks Registered – Class 3
Juicy Touch                    3,849,138         Lancôme Parfums Et Beauté       5-29-03            50, 51 & 52               –––
                               [76-520,367]                                      [5-11-04]
Juicy & Fresh                  3,849,139         Lancôme Parfums Et Beauté       5-29-03            50, 51 & 52               –––
                               [76-520,368]                                      [5-4-04]
Juicy Style                    3,849,140         Lancôme Parfums Et Beauté       9-8-2003.          50, 51 & 52               –––
                               [76-546,370]                                      TM05
                                                                                 [1-18-05]
Juicy Juice                    3,849,141         Lancôme Parfums Et Beauté       4-21-04            50, 51 & 52               –––
                               [76-587,764]                                      [9-27-05]
Juicyful                       3,849,142         Lancôme Parfums Et Beauté       4-21-04            50, 51 & 52               –––
                               [76-587,766]                                      [9-27-05]
Juicy Tubes Pop                3,849,143         Lancôme Parfums Et Beauté       6-17-04            50, 51 & 52               –––
                               [76-597,755]                                      [11-1-05]
Nature’s Love in A Bottle      3,849,150         Liquid Love Products            4-17-09            50, 51 & 52               –––
                               [76-696,920]                                      [3-30-10]
Organic Surge Men              3,849,271         Organic Surge                   12-1-08            Int. 50, 51 & 52          –––
                               [77-623,572]                                      [6-1-10]
Terra Dolce                    3,849,317         The Estheticians Garden         3-26-09            50, 51 & 52               –––
                               [77-699,513]                                      [7-6-10]
Vie At Home                    3,849,319         Vie Cosmetics Group             3-31-09            Int. 50, 51, 52           –––
                               [77-703,108]                                      [7-6-10]
Janegee                        3,849,324         Jane Gee                        4-9-09             50, 51 & 52               –––
                               [77-710,792]                                      [7-6-10]
Gloves Off                     3,849,325         Siamons Internatl.              4-13-09            50, 51 & 52               –––
                               [77-712,225]                                      [7-6-10]
Gloriaven                      3,849,389         Gloria Med Pharma               7-10-09            Int. 50, 51 & 52          –––
                               [77-778,623]                                      [5-18-10]
Lano Lip                       3,849,419         GDM Enterprises                 7-28-09            50, 51 & 52               –––
                               [77-790,963]                                      [3-30-10]
Lasiuly By Marco Radice        3,849,476         Radice, Marco                   8-14-09            Int. 50, 51 & 52          –––
    (Stylized)                 [77-804,872]                                      [7-6-10]
Miscellaneous Design           3,849,500         Endochoice                      8-25-09            Int. 50, 51 & 52          –––
                               [77-812,137]                                      [7-6-10]
Canali                         3,849,507         Canali Ireland                  8-27-09            50, 51 & 52               –––
                               [77-814,230]                                      [7-6-10]
Antonio Banderas The           3,849,543         Antonio Banderas                9-15-09            50, 51 & 52               –––
    Secret (Stylized)          [77-826,405]                                      [7-6-10]
Thicker Fuller Hair            3,849,582         Henkel Consumer Goods           10-9-09            50, 51 & 52               –––
    (Standard Character)       [77-845,662]                                      [6-1-10]
Genius Mother & Design         3,849,622         Svetlichnaya, Ninel,            11-5-09            Int. 50, 51 & 52          –––
                               [77-866,147]      Svetlitchnyi, Stanislav &       [7-6-10]
                                                 Chekhter, Yuliya
Om-Alley & Design              3,849,627         O’Malley Aerin Alex             11-9-09            50, 51 & 52               –––
                               [77-867,947]                                      [7-6-10]
Level Naturals                 3,849,739         Dubuque, Jonathan               1-12-10            50, 51 & 52               –––
                               [77-910,094]                                      [7-6-10]

                                    Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010                                  “The Rose Sheet”                                                           15

                             Trademark No./                                   Filed Date
Product Name                 [Serial No.]     Company                         [Published]        Class Nos.         First Use Date
Jojo Brooks                  3,849,771        Ray D. Brooks & Josephine       1-19-10            50, 51 & 52            –––
                             [77-915,217]     B. Brooks                       [7-6-10]
Menwe De Millie              3,849,772        Ray D. Brooks & Josephine       1-19-10            50, 51 & 52            –––
                             [77-915,236]     B. Brooks                       [7-6-10]
Intense Rx                   3,849,854        Copomon Enterprises             2-5-10             50, 51 & 52            –––
                             [77-929,024]                                     [7-6-10]
Babiesrus                    3,849,863        Geoffrey                        2-9-10             Int. 50, 51 & 52       –––
                             [77-931,308]                                     [7-6-10]
Bathgasm & Design            3,849,937        Blind Leap Productions          2-14-10            50, 51 & 52            –––
                             [77-935,472]                                     [7-6-10]
White Smile Sensation        3,849,942        Tiffany & Associates            2-15-10            50, 51 & 52            –––
                             [77-935,547]                                     [7-6-10]
Sugar Sharp                  3,850,003        Tikki Stovall                   2-16-10            50, 51 & 52            –––
                             [77-936,633]                                     [7-6-10]
GG Granite Gold (Stylized)   3,850,057        PMC Stonecare Enterprises       2-19-10            50, 51 & 52            –––
                             [77-940,421]                                     [7-6-10]
Fango Active Mud For Hair    3,850,092        Borghese Trademarks             3-15-10            50, 51 & 52            –––
   & Scalp                   [77-958,793]                                     [7-6-10]
My First                     3,850,101        Colgate-Palmolive               3-24-10            50, 51 & 52            –––
                             [77-967,167]                                     [7-6-10]
Juicy Wear                   3,850,128        Lancôme Parfums Et Beauté       1-21-04            50, 51 & 52            –––
                             [79-000,781]                                     [7-5-05]
AHR Armani Hotels &          3,850,129        Giorgio Armani S.P.A.,          4-1-05             Int. 50, 51 & 52       –––
   Resorts (Stylized)        [79-011,321]     Milan Swiss Branch              [7-6-10]
                                              Mendrisio
Arrogance & Design           3,850,137        Pikenz the First                10-19-07           Int. 50, 51 & 52       –––
                             [79-048,294]                                     [7-6-10]
Derfen & Design              3,850,149        Pansart Peggy                   11-7-08            Int. 50, 51 & 52       –––
                             [79-062,731]                                     [3-30-10]
Veq                          3,850,161        Christiane Köppl                8-12-08            Int. 50, 51 & 52       –––
                             [79-068,298]                                     [7-6-10]
Jasmin Raroque & Design      3,850,167        Son, Jong Hee                   4-21-09            50, 51 & 52            –––
                             [79-069,920]                                     [7-6-10]
Fusskraft                    3,850,174        Eduard Gerlach Chemische        2-27-09            50, 51 & 52            –––
                             [79-070,602]     Fabrik                          [7-6-10]
Vegetable(s) Skin Care &     3,850,202        Unipar Sarl                     4-22-09            Int. 50, 51 & 52       –––
   Design                    [79-073,336]                                     [7-6-10]
Re-Code & Design             3,850,208        Marketing Dream Team            8-6-09             Int. 50, 51 & 52       –––
                             [79-073,596]                                     [7-6-10]
Yuica                        3,850,237        Sei Plus Kabushiki Kaisha       7-2-09             50, 51 & 52            –––
                             [79-075,732]                                     [7-6-10]
Nat Select                   3,850,247        Naturex                         10-1-09            Int. 50, 51 & 52       –––
                             [79-076,677]                                     [7-6-10]
ZZ (Stylized)                3,850,262        Börlind; Gesellschaft Für       1-13-10            50, 51 & 52            –––
                             [79-079,492]     Kosmetische Erzeugnisse         [7-6-10]
                                              MBH
Fontana Di Trebbia           3,850,275        Fontana Pelletterie S.P.A.      4-2-10             Int. 50, 51 & 52       –––
                             [85-005,479]                                     [7-6-10]
F & Design                   3,850,276        Fontana Pelletterie S.P.A.      4-6-10             50, 51 & 52            –––
                             [85-007,538]                                     [7-6-10]


                                 Unauthorized photocopying is prohibited by law. See page one.
16                                                       “The Rose Sheet”                                         September 27, 2010

                                Trademark No./                                     Filed Date
Product Name                    [Serial No.]      Company                          [Published]       Class Nos.           First Use Date
Marks Registered Under Section 1(d) – Class 3
The following marks have been registered on the principal register pursuant to the intent-to-use provisions of Section 1(d) of the
Trademark Act of 1946, as amended. Select trademark lists have been condensed.
Vata                              3,850,344          Posh Hair Salon                  10-7-06        50, 51 & 52              7-28-2005
                                  [77-016,321]                                        [4-29-08]
          For personal care products.
Tonight                           3,850,364          Donnelly, Bill                   2-6-07         50, 51 & 52              5-20-2010
                                  [77-099,920]                                        [8-7-07]
          For perfumes and colognes.
Melaboost                         3,850,407          Australian Gold                  6-11-07        50, 51 & 52              11-1-2009
                                  [77-202,874]                                        [10-9-07]
          For skin care preparations, namely, nonmedicated indoor and outdoor tanning preparations.
E•Volve                           3,850,408          Evolve Personal Care             6-18-07        50, 51 & 52               11-2007
                                  [77-208,186]                                        [5-6-08]
          The mark consists of the word “evolve” with a dot between the first “e” and first “v.” For body products, namely,
          body lotion; beauty care products, namely, beauty care cosmetics; skin care products, namely, skin cream;
          shampoo; conditioner; skin lotions; cosmetic oils; fragrances for personal use.
Enspri (Stylized) & Design        3,850,418          Kint & Associates                7-20-07        50, 51 & 52              9-1-2007
                                  [77-235,224]                                        [1-8-08]
          Owner of U.S. Reg. Nos. 3,102,307 and 3,157,733. The name(s), portrait(s) and/or signature(s) shown in the
          mark does not identify a particular living individual. The mark consists of three components 1. A round image,
          with stylized letter “e,” above which is a tri-floral/leaf arrangement; 2. The word “enspri” in English letters; 3.
          Four Chinese characters, which sound like “enspri.” The wording “enspri” has no meaning in a foreign language.
          The non-Latin characters in the mark transliterate to roughly “enspri” (with Chinese accent) and this means
          enspri in English. The non-Latin characters in the mark transliterate to enspri and this has no meaning in a
          foreign language. For cosmetic creams for skin care; cosmetic oils for the epidermis; cosmetic preparations for
          skin renewal.
L’bel                             3,850,465          Ebel Internatl.                  12-3-07        50, 51 & 52               2-2008
                                  [77-342,911]                                        [10-28-08]
          Owner of U.S. Reg. Nos. 3,270,380, 3,295,808 and others. For cosmetics, namely, astringents and toners for
          cosmetic purposes, beauty masks for the face and body, beauty scrubs for the face and body, blusher, cosmetic
          pencils for the face, eyes and lips, concealers, foundation, face powder, eyeliners, eyeshadow, mascara, lipstick,
          lip gloss, lip moisturizer and base lipstick; preparations for personal hygiene and beauty care, namely, hand and
          body lotions and creams, soaps for the face and body, bath and shower gels, bath oils and shaving gels and
          creams; fragrances for men and women, namely, eau-de-cologne, perfume, eau de toilette; body oils and
          essential oils for personal use; and hair care products, namely, shampoo, conditioner.
Leap Organics                     3,850,531          Leap Organics                    4-22-08        50, 51 & 52              7-1-2010
                                  [77-454,926]                                        [9-23-08]
          No claim is made to the exclusive right to use “organics” apart from the mark as shown. For organic skin care
          products, namely, facial and body soap, lip balm, shampoo, conditioner, body lotion and facial and body
          cleanser.
Chapfix+                          3,850,605          Lotta Luv                        6-24-08        50, 51 & 52              8-13-2009
                                  [77-506,860]                                        [11-18-08]
          For lip balm.
Toothbrush Tree                   3,850,648          The Aaah! Co.                    8-4-08         50, 51 & 52               11-2009
                                  [77-538,631]                                        [11-4-08]
          No claim is made to the exclusive right to use “toothbrush” apart from the mark as shown. For dentifrice;
          mouthwash; skin cleansers; skin creams; skin lotions; skin moisturizer.
Weightless Bodybuilding           3,850,693          Procter & Gamble                 9-25-08        50, 51 & 52              7-14-2010
                                  [77-578,382]                                        [2-17-09]
          For hair care preparations.


                                     Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010                                        “The Rose Sheet”                                                             17

                                 Trademark No./                                     Filed Date
Product Name                     [Serial No.]      Company                          [Published]       Class Nos.           First Use Date
Flowing Body                     3,850,695         Procter & Gamble                 9-25-08           50, 51 & 52              7-14-2010
                                 [77-578,598]                                       [2-17-09]
           No claim is made to the exclusive right to use “body” apart from the mark as shown. For hair styling
           preparations.
Camo Fx                          3,850,704         Gameface                         10-6-08           50, 51 & 52              1-13-2009
                                 [77-586,006]                                       [9-22-09]
           No claim is made to the exclusive right to use “camo” apart from the mark as shown. For face and body glitter;
           face paint; makeup.
Touch-On Highlights              3,850,713         L’Oréal                          10-15-08          50, 51 & 52                1-2010
                                 [77-592,939]                                       [11-10-09]
           No claim is made to the exclusive right to use “highlights” apart from the mark as shown. For hair highlighting
           kit, comprising of, after color conditioner, highlighting powder, highlighting developer, applicator tool, mixing
           tray and spatula, instruction sheet and colorist gloves.
Likewise                         3,850,714         Pena, Julie                      10-15-08          50, 51 & 52                –––
                                 [77-593,086]                                       [3-3-09]
           For skin care products and sun protection products, namely, facial moisturizers and matifying balancers for oily
           skin with UVA/B blockers; facial moisturizers and toning balancers for normal skin with UVA/B blockers; facial
           moisturizers and calming balancers for dry and sensitive skin with UVA/B blockers; total body cleansers;
           moisturizing body lotions with UVA/B blockers.
Coveraid                         3,850,808         DDP Enterprises                  12-10-08          50, 51 & 52              7-1-2010
                                 [77-630,359]                                       [4-21-09]
           For therapeutic concealer for skin.
Gillette Fusion Proseries        3,850,836         Gillette                         12-23-08          50, 51 & 52              6-6-2010
                                 [77-638,919]                                       [11-17-09]
           Owner of U.S. Reg. Nos. 2,757,416, 3,518,242 and others. No claim is made to the exclusive right to use “pro
           series” apart from the mark as shown. For preshave facial washes and scrubs; moisturizers; and aftershave
           lotions, balms and gels.
Charisma                         3,850,855         Australian Gold                  1-5-09            50, 51 & 52              11-1-2009
                                 [77-643,425]                                       [10-20-09]
           For nonmedicated indoor and outdoor skin tanning preparations.
Ifuro (Stylized) & Design        3,850,968         Lee, Chung-Ming                  3-26-09           50, 51 & 52              7-15-2010
                                 [77-700,290]                                       [1-19-10]
           The mark consists of a fanciful cloudshaped design with the term “ifuro” in stylized font with the “o” in “furo”
           having a leaf design at the top. The wording “ifuro” or “furo” has no meaning in a foreign language. For bath
           soaps, facial cleansers, shower gels, shower gels for babies, nonmedicated bath salts, shampoos for babies, hair
           shampoo, hair conditioner, hand soaps.
Bad Monkey (Stylized) &          3,850,990         Dyno Manufacturing               4-13-09           50, 51 & 52              6-11-2009
   Design                        [77-712,497]                                       [8-11-09]
           The color(s) red, gray, white, light blue, dark blue, brown, tan and black is/are claimed as a feature of the mark.
           The mark consists of the words “bad monkey” with “bad” in large red block letters with a thin tan border,
           shadowed in black on the sides and gray on the top. The word “monkey” is in a smaller stylized tan font
           superimposed on the word “bad.” There is a design element consisting of a monkey in brown and tan, wearing a
           dark blue shirt with the word “bad” on the chest in red script, light blue pants and black sunglasses and
           squeezing a tube from which tan liquid is spurting with his left hand. There are shadows of the wording and the
           monkey in front of each in the color gray. For hand cleaners; hand cleaning preparations.


                                      Unauthorized photocopying is prohibited by law. See page one.
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Rose sheet 9.27.10

  • 1. Elsevier Business Intelligence PUBLISHED SINCE 1980 $1,470 A YEAR www.TheRoseSheet.com “The Rose Sheet”  TOILETRIES, FRAGRANCES AND SKIN CARE THE NEWS THIS WEEK Vol. 31, No. 39 September 27, 2010 Start Preparing For New California Regulation, Says Personal-Care Industry Attorney  Proposed California regulation could require product reformulation – Part of the state’s Green Chemistry Initiative, the proposed Regulation for Safer Consumer Products includes provision for chemicals of concern that seems to be widening in scope with new draft. Personal-care items could be among “priority products” California will assess for hazards, with authority to regulate as it deems necessary ...............................................3  Industry council, safe cosmetics group to push separate legislation in 2011 – Though consensus has it that the controversial Safe Cosmetics Act of 2010 will not move forward this year, the bill “generated a lot of interest and passion,” says Campaign for Safe Cosmetics’ Stacy Malkan. The Personal Care Products Council says its own proposal for “modernized” cosmetics regulation could be part of larger FDA bill in 2011 .................5 Anxiety Mounts With Nov. 30 REACH Deadline In Sight  Firms facing REACH deadline seek leniency in cases of supplier negligence – Genevieve Hilgers, REACH team leader for Procter & Gamble, and Brussels-based attorney offer perspective on manufacturer concerns with first REACH registration deadline looming. Data sharing and the possibility of overly harsh sanctions for non-compliance are contributing to anxiety ..................................................................................................... 6  People In Brief – L’Oreal’s new Strategic Marketing department will be headed by Marc Menesguen, previously managing director of firm’s Luxury Products division. The Estee Lauder Companies puts Daniel M. Annese in charge of namesake brand’s six geographic regions. More personnel changes in the cosmetics sector..... 8  Webby awards open: Will male grooming sites continue to dominate? – Humorous, risk-taking websites targeted to men ages 18 to 25, and Unilever’s Axe sites in particular, have been favorites among Webby Award judges over the past five years, but sites featuring “real people” and addressing the “realities” of beauty also are having an impact, says Executive Director David-Michel Davies ..................................................9  Reckitt Benckiser launches recruitment game through Facebook to win fresh talent – Clearasil marketer’s PoweRBrands game, targeted to college students and young professionals, is designed to educate career- seekers about its unique corporate culture. Company also is taking steps to make RB as familiar a name as P&G and J&J ...................................................................................................................................................... 11  HelixLife offers brilliant customized skin care based on targeted DNA analysis – With a cheek swab test consumers can access information about key genetic markers as well as custom-made skin-care formulas and nutritional supplements to compensate for “disadvantaged genes.” Every skin serum is made with 30 base and 20 specially selected ingredients ......................................................................................................................... 12 WWW.THEROSESHEET.COM For a complimentary, risk-free 30-day subscription, go to: http://pages.elsevierbi.net/RoseFT/ © 2010 F-D-C Reports, Inc., an Elsevier company. All rights reserved. Reproduction, photocopying, storage or transmission by magnetic or electronic means is strictly prohibited by law. For bulk reprints of Elsevier Business Intelligence articles contact: Ken May, Elsevier, at 914-332-1419. Authorization to photocopy items for internal use is granted by Elsevier Business Intelligence, when the fee of $25.00 per copy of each page is paid directly to Copyright Clearance Center, 222 Rosewood Dr., Danvers, MA 01923, 978-750-8400. The Transaction Reporting Service fee code is: 1530-1222/10 $0.00 + $25.00. Violation of copyright will result in legal action, including civil and/or criminal penalties, and suspension of service.
  • 2. THE NEWS THIS WEEK (continued) Page 2  L’Oreal’s Terre Saharienne mark for cosmetics – Mark published Sept. 21 for third-party review by the Patent & Trademark Office in its official weekly gazette ................................................................................................................. 14 Marketing In Brief Not Your Mother’s: “A new, fun, creative hair-care line made for the cool girls,” Not Your Mother’s launches with six styling products offering salon-quality results at affordable prices, according to Sept. 15 release. Items include All Eyes On Me hairspray infused with lemongrass and orange flower, She’s A Tease volumizing hairspray enriched with apple blossom and bamboo, Beat The Heat thermal shield spray featuring sunflower and vitamins A and E, and Beach Babe texturizing spray with Dead Sea salt and sea kelp. A frizz-control cream made with coconut and silk extracts and a curl-defining cream containing grape seed and jasmine – Smooth Moves and Kinky Moves, respectively – round out the line. Not Your Mother’s products retail for $5.99 apiece in Walmart doors and more than 100 college bookstores, as well as online at NYMbrands.com. Company’s goal is to establish a relationship with “sassy and savvy customers,” it says, noting that additional products are in development for early 2011 launch. Avon: Direct seller introduces new hybrid Pro Color & Gloss Lip Duo, the “first-ever lipstick with a built-in gloss core,” according to firm. A double-tipped wand allows user to twist one end for creamy color and squeeze the other for “luscious gloss.” To double the drama, consumers can “apply both for saturated color with high shine.” Product will retail for $10 starting next month and will be available in 10 shades including Pink Bouquet, Hot Lips, Twig and Foxy Brown. Company also launches Sonic Boost vibrating mascara, which “gives you the perfect red-carpet lash look by getting between the lashes and close to the roots,” says Avon Global Creative Color Director Jillian Dempsey. A micro-vibrating brush simulates “the wiggling action makeup artists use for ultimate coverage and definition” and provides 8,000 micro-pulse vibrations per minute for up to six times fuller lashes, according to firm. Battery-operated mascara will be available in November for $16 through Avon representatives. E’shee Clinical Esthetic: Somerville, N.J.-based firm launches E’shee Cellular Repairing Night Cream for treatment of aging and photo-damaged skin. Formula contains peptide human acidic fibroblast growth factor (FGF-1) and human identical tissue inhibitor (PEPHA-TIMP2), which “works to increase firmness, protect fibers and cell membranes and restore the dermal tissue,” according to Sept. 23 release. Firm says researchers have found fibroblast stimulation can slow the aging process by promoting continued synthesis of collagen, elastin and hyaluronic acid. “This is where human fibroblast growth factors in topical application products can help,” says Nataly Giter, founder of E’shee. E’shee’s peptide-powered skin-care products deliver results by activating stem cells in the skin. In June, firm launched a six-ampoule set of products sold in spas and doctor’s offices featuring FGF-1. In a June 22 interview with “The Rose Sheet,” Giter acknowledged that “stem cells make some people nervous.” However, “the customer is more educated now. It is not about taking someone’s and applying them to yourself, it’s about repairing [damage to] your own cells from aging and pollution” (“The Rose Sheet” June 28, 2010). “The Rose Sheet” Editor in Chief: Composition: Business Development: Chris Morrison – c.morrison@elsevier.com Kristi O’Donnell Joshua Berlin Executive Editor Consumer Products: Corporate Sales: Marketing Director: FOUNDED 1939 www.therosesheet.com Christopher Walker Tom DePaul Mike Fergus www.ElsevierBI.com 240-221-4470 – c.walker@elsevier.com John Lucas VP of Corporate Services: Elsevier Business Intelligence Managing Editor: Commercial Sales Director: Scott Breed Editorial office: Ryan Nelson Ken May VP of Commercial: 5635 Fishers Lane, Suite 6000 240-221-4416 – r.nelson@elsevier.com Deanna Flanick Rockville, MD 20852 Reporters: VP of Content: Phone: 240-221-4500 Lauren Nardella David Cassak Fax: 240-221-4400 240-221-4456 – l.nardella@elsevier.com President: Customer Care: Suzanne Blecher Gerard J. Stoia 1-800-332-2181 or 1-908-547-2159 212-462-1923 – s.blecher@elsevier.com Fax: 908-547-2165 E-mail: custcare@elsevier.com “The Rose Sheet” (ISSN 1530-1222) is published weekly (except the week of Christmas) by Elsevier Business Intelligence, 685 Route 202/206, Bridgewater, NJ 08807. The annual subscription rate is (1) $1,470 or (2) $770 for additional copies mailed in the same envelope with $1,470 subscription. Periodicals Postage paid at Rockville, MD and at additional mailing offices. POSTMASTER: Send address changes to Elsevier Business Intelligence, Atten: “The Rose Sheet”, 685 Route 202/206, Bridgewater, NJ 08807. In Japan, Elsevier Science KK is the exclusive subscription representative for “The Rose Sheet.” E-mail: jp.bkinfo@elsevier.com. URL: www.elsevierjapan.com. Telephone: 03-3589-6370. Fax: 03-3589-6371.
  • 3. September 27, 2010 “The Rose Sheet” 3 Proposed California Regulation Could Require Product Reformulation By possibly lengthening the list of chemicals California only set forth a list of chemicals of concern by July deems hazardous in consumer products, the newest 2012, but then will create a list of priority products version of a proposed regulation may have far-reaching – taking into account the use of chemicals of implications for the personal-care industry. concern and public exposure elements – to be finalized by December 2013. Each step along the Part of California’s Green Chemistry Initiative –signed way will allow for public comment. into law in 2008 by Gov. Arnold Schwarzenegger – the Regulation for Safer Consumer Products will Firms manufacturing or distributing identify and prioritize chemicals of concern in Under the new version priority products will need to conduct consumer products and potentially require of the regulation, DTSC “science-based” alternatives assessments manufacturers to reformulate products to can deny an exemption to evaluate toxicity and identify options eliminate them. for making products safer. for chemicals used in The previous draft of the regulation limited minute concentrations, After the assessments – which could chemicals of concern to those already identified include extensive product testing and which provides “no analysis of end-of-life product impacts – as carcinogens or reproductive toxins under the state’s Proposition 65, or “The Safe Drinking regulatory certainty for the state will have the authority to Water and Toxic Enforcement Act of 1986.” our people because it regulate, potentially outlawing products, However, the new iteration suggests including imposing chemical limits or requiring can be denied on a product redesign. chemicals that have been flagged by the European Commission, the Environmental whim,” said Council Protection Agency or other authorities. “If you are one of the unfortunate attorney Thomas Myers. priority products that has to go “By expanding that [list], they’re actually through this alternatives analysis, it is clearly going expanding the universe of chemicals they are going to be fairly burdensome,” Epperson said in a Sept. to be regulating,” according to Thomas Myers, 22 interview with “The Rose Sheet.” associate general counsel for the Personal Care However, “if you’re a consumer product company Products Council. and your product doesn’t have one of these priority chemicals, then you’re going to escape much of the The new proposal, released Sept. 14, reflects impact,” the attorney said. stakeholder feedback collected by California’s Department of Toxic Substances Control on an To decide which products are priority products, DTSC earlier version of the regulation. plans to start on products that affect “vulnerable populations,” such as children, the elderly and expectant The public now has until Nov. 1 to submit mothers, Maziar Movassaghi, DTSC acting director, told comments on the new version. The final regulation “The Rose Sheet” Sept. 16. is slated to go into effect Jan. 1, 2011. “There are a huge number of consumer products out While certain product areas such as drugs, devices, here that nobody’s really looking at to make sure food and pesticides are excluded from the that they’re safe,” he said. “We have much to do in regulation, it “generally affects anybody who an area where there are a lot of products that are makes, distributes or sells a consumer product in untouched and unregulated.” California,” according to John Epperson, an attorney who handles environmental and product Movassaghi emphasized that the Regulation for law for Farella Braun & Martel in San Francisco. Safer Consumer Products will not conflict with other state or federal regulations. Deadlines Set For Chemical & Product Lists Industry, Activist Groups At Odds A number of other changes have been introduced from one draft to the next, including the setting of Council lawyer Myers maintains that personal-care deadlines. Under the newest version, DTSC will not products are some of the safest consumer products Unauthorized photocopying is prohibited by law. See page one.
  • 4. 4 “The Rose Sheet” September 27, 2010 on the market, but they could be among the priority be a lot better,” said Bill Allayaud, director of products DTSC chooses to review, he suggested. government affairs for California. “I think that companies are going to have to start to “Here we still see the real possibility that with a lot create within their own companies a framework for of consumer products we still won’t know what’s in dealing with [the regulation],” he said, noting the them because of the presumed claim of a trade “exhaustive” data collection that could be required secret,” he said in a Sept. 22 interview with “The for an alternatives assessment. “Companies would Rose Sheet.” do well to start to compile a lot of this information on their products and the chemicals they’re using.” “We know and they know that there’s so much more now known by your competitor about your product He indicated that industry was pleased with some of through reverse engineering that very little is secret the changes made from the draft proposal, such as anymore,” Allayaud asserted. the clarification of deadlines and the promised opportunity for comment at each stage, while other He added that there are too many exemptions in the changes are not as well-received. proposed regulation “and the timeframes are too long still to help us get safer products before consumers.” The draft regulation had indicated an exemption for chemicals making up 0.1 percent or less of a consumer Even with the deadlines, industry could still “slow product by weight, which would have excused many the process down,” he suggested. personal-care products from the regulation. Program Funding In Question The latest version states that DTSC can deny the exemption as it sees fit. When all is said and done, cash-strapped California may not have the resources to undertake the “This actually erodes the utility of the [exemption] by envisioned program. “If they’re not given the allowing DTSC to deny or rescind it for a whole host of resources to adequately staff the program, they’re reasons,” Myers said. “There’s no regulatory certainty for not going to start off with an overly aggressive list our people because it can be denied on a whim.” of products,” Epperson said. Meanwhile, the draft regulation has not been Costs to fund the program could potentially fall to improved with respect to trade secrets – which are manufacturers, according to Myers. “still at risk,” according to Myers. EWG’s Allayaud says it may be worth passing Movassaghi is of a different opinion. Thanks to on a piece of the cost to consumers. “Our take on it feedback from industry, he said, the proposed is: Would consumers be upset if it cost a penny or regulation has been revised to better protect two more for a bottle of shampoo or lotion if they confidential business information. were sure they were getting safer products? ... I don’t think so,” he said. “We’re not talking about “We want businesses to innovate and identify safer major increases here to fund a program. ... We think solutions to known problems,” he said. “That means it’s critical that funding be established soon and that we have to respect the proprietary information. if need be on products to have a program that’s Information to us is submitted in redacted and non- workable.” redacted versions, and we only make the redacted version publicly available.” According to Movassaghi, discussions are ongoing to determine a long-term funding structure for the Activist group the Environmental Working Group regulation. believes the current version of the proposed regulation is superior to earlier drafts. “But we’re still hoping this can – Lauren Nardella (l.nardella@elsevier.com) Unauthorized photocopying is prohibited by law. See page one.
  • 5. September 27, 2010 “The Rose Sheet” 5 Industry Council, Safe Cosmetics Group To Push Separate Legislation In 2011 With consensus that the game-changing Safe The trade association has introduced its own Cosmetics Act of 2010 will not move forward this proposal to modernize FDA’s oversight of the year, industry stakeholders are readying for the next industry. Its plan would make mandatory some legislative session. elements of FDA’s Voluntary Cosmetics Registration Program, establish Good Activist group the Campaign for Safe Cosmetics is Manufacturing Practices for industry and enlarge continuing its efforts behind the bill, which would FDA’s role in evaluating the safety of cosmetic dramatically increase cosmetics regulation in the ingredients (“The Rose Sheet” July 19, 2010). U.S., while trade association the Personal Care Products Council is meeting with legislators to The Council is moving forward with its proposal champion its own vision for the industry. and looks for related legislation to be introduced in 2011, according to John Hurson, the Council’s Introduced July 20 by Rep. Jan Schakowsky, D-Ill., executive vice president of government affairs. The Safe Cosmetics Act (HR 5786) would require manufacturers to register their operations, supply “We’re going to have to wait and see what happens FDA with a wealth of safety data and offer full in the November elections before we make any firm ingredient disclosure on product labeling (“The requests for introduction,” with the makeup of the Rose Sheet” July 26, 2010). next Congress yet undetermined, he told “The Rose The bill has been referred to the Committee on Sheet” Sept. 22. Energy and Commerce and the Committee on “I think that as we get closer to the convening of the Education and Labor. next Congress in January, we’ll become more It is not likely to move out of committee this year because focused on exactly which members we will be of the limited time remaining in the Congressional session hopefully working with to get our legislation and the upcoming November elections. enacted,” Hurson said. Stacy Malkan, spokeswoman for the Campaign for In the meantime, the Council has been working with Safe Cosmetics, called the bill “a huge endeavor” leadership from both parties “to get the positions that has “generated a lot of interest and passion.” that the Council has in legislative language into a moving vehicle,” the exec said. “I think it’s certainly gotten a lot of attention and it’s really the first serious attempt in many decades Hurson acknowledged that the vehicle may not be to seriously overhaul the cosmetics regulations, so its own bill. “We will probably be part of some sort it’s understandable it would be generating such of larger FDA bill” – he cited the FDA interest,” she told “The Rose Sheet” Sept. 21. Globalization Act of 2009, introduced by Rep. John Dingell, D-Mich., as an example of that type – “but According to Malkan, the Campaign wants to ensure that we are working with committee leadership in both the bill is “both meaningful to protect public health and parties to really try to make sure that when an FDA also workable for small businesses.” She expects the Safe bill moves next year, we’re able to be part of that.” Cosmetics Act to be one of the first items taken up in the th 112 Congress. The Council recently launched an advocacy website at CouncilPolicyCenter.org, which provides detail In July, the Campaign released a viral video to drum on its policy work. The site gives members and the up public support for the legislation. “The Story of public the opportunity to learn about the Council’s Cosmetics” has been viewed more than 350,000 positions on cosmetics legislation and refers visitors times (“The Rose Sheet” July 19, 2010). to forms that can be used for contacting their state The Personal Care Products Council has condemned legislators or other Congressional members. the “shockumentary” in a statement and features a Furthermore, the Council is working with other “science-based” rebuttal video on its website. trade associations including the Direct Sellers Council Forges Ahead With Its Plan Association and the Professional Beauty Association “to get them interested in pursuing this The Council has been critical of the Safe Cosmetics legislation,” Hurson said. Act as well, maintaining that it would overextend FDA and put an undue burden on industry. – Lauren Nardella (l.nardella@elsevier.com) Unauthorized photocopying is prohibited by law. See page one.
  • 6. 6 “The Rose Sheet” September 27, 2010 Firms Facing REACH Deadline Seek Leniency In Cases Of Supplier Negligence With the Nov. 30 REACH deadline looming, safety sheets and the word of their suppliers that the cosmetic companies are urging the European material they sell is in compliance. Commission to spare downstream users from “Sometimes you just don’t know if your substance is sanctions when a supplier fails to comply with registered or not, and you will be penalized even if you Europe’s chemicals law. have written thousands of letters to suppliers “If suppliers have not done their job in ensuring beforehand,” Hilgers said. compliance of substances, and the agency discovers it, P&G, along with the Coalition of Downstream they should give downstream users time” to act Users, recently sent three letters to the European accordingly before levying sanctions on those firms, said Commission urging it to find a solution to the issue Procter & Gamble’s Genevieve Hilgers. of supplier transparency. During a Sept. 23 interview with “The Among other requests, the group asked Rose Sheet,” Hilgers discussed the most “Sometimes you just the EC to provide conditions under pressing issues firms are facing in don’t know if your which an unregistered substance may anticipation of the Nov. 30 deadline set substance is registered or still be used by downstreamers in cases by the EU’s Registration, Evaluation, where it can be demonstrated that Authorisation & Restriction of not, and you will be attempts to obtain data from suppliers Chemicals law. penalized even if you were unsuccessful. With 30 manufacturing sites in the EU have written thousands of Sanctions Too Harsh? producing 200 consumer branded products, letters to suppliers Exacerbating the sense of urgency is the Cincinnati, Ohio-based P&G has from the beginning vowed to become a key player in beforehand,” said P&G’s “complexity” of the registration process REACH team leader and the heavy fines that can be exacted defining the role of downstream users under from companies that do not comply with REACH, in addition to registering Genevieve Hilgers. REACH provisions, Hilgers said. substances the firm brings into the EU itself. She noted that, on paper, the law covers more than Hilgers, who serves as P&G’s REACH team leader, 10,000 pages. “Typically, the more complex a says the company is preparing to submit dossiers for regulation is to follow, the more time companies are about 30 substances by the end of November. given to adapt to everything, to have all their tools Under the chemicals law, manufacturers and ready,” she said. However, the guidance has importers of chemicals in volumes of 1 ton or more changed so much so close to deadline dates that “it per year were required to pre-register their is extremely challenging to adapt to it.” substance with the European Chemicals Agency by Hilgers also questions what she sees as excessive late 2008. Firms now must register their substances sanctions for companies that miss deadlines. “These on a rolling schedule based largely on tonnage. The are huge sanctions which arrive immediately” after Nov. 30 deadline pertains to companies working failing to meet a deadline or violating the law in with substances in volumes of more than 1,000 tons some other way, she said. or those with known hazardous properties. Other deadlines are slated for 2013 and 2018. European Member States impose various penalties for non-compliance, whether in the form of Cosmetics firms and other downstream users must administrative fines or criminal sanctions, with ensure that their suppliers have fulfilled pre- levels highest in the U.K., Belgium, Ireland, Poland registration obligations and that they register by the and Portugal. deadline applicable to them. In Belgium, for example, once a violation of REACH is Hilgers noted that a major problem for companies in identified, authorities can issue a warning letter within the process is the fact that suppliers are not legally 30 days to the parties involved. In certain cases, companies bound to provide their pre-registration numbers – might get no warning and instead find themselves facing which can indicate compliance – downstream. So an administrative fine, which ranges in Belgium from companies purchasing those substances have only around €142 for minor violations to up to €2.75 million for Unauthorized photocopying is prohibited by law. See page one.
  • 7. September 27, 2010 “The Rose Sheet” 7 serious violations, or criminal sanctions, which take the are not fully aware of their obligations under form of fines and/or incarceration. Entities who knowingly REACH. Some suppliers failed to pre-register jeopardize human health or safety can be incarcerated for “because they thought that the substance was not eight years, according to a report submitted in March to the subject because of volume or they did not think it EC by consulting firm Milieu LTD. fell under the requirements” of REACH, according to Garcia Molyneux. “Knowing the complexity of the guidance and the way it changes even within a couple of days before However, he maintains that cosmetic companies are a deadline makes the sanctions for me not helpless or without options, even two months unacceptable,” Hilgers said. out from the deadline. “The good news here is that Challenges Of Collaboration there may be ways around it. There are ways to fix it and benefit from the phase-in deadline,” he said. Hilgers suggested that Substance Information Exchange Forums (SIEFs) – groups of companies Downstream users who have not yet drawn up a working together to avoid duplicating registration contract with suppliers should do so now, he said. efforts and costs for the same substances – will in The contract should direct suppliers to “comply with the long run help to streamline the REACH process. all REACH requirements” and have them pledge to never sell a non-compliant substance. If suppliers However, data sharing creates its own set of cannot give assurance that they will register their challenges. “Sometimes what they are asking us to substance by Nov. 30, they should submit in writing do with competition is share tons of information “an explanation as to why they don’t have to register that is confidential, and that is one reason we have by that deadline,” Garcia Molyneux said. to involve a ton of lawyers” in the process, she said. Hilgers says that P&G has protected its intellectual Firms should be clear with suppliers that if those property by creating consortia with other companies terms cannot be met, they will seek new sources for within its SIEFs to collect, evaluate and share data the material. according to their particular needs. “We have good Regarding sanctions, Garcia Molyneux noted that contracts, we do not work with a massive amount of there are discussions taking place between the people, and the people we work with have good Commission, industry and member States, and technical knowledge,” she said. “though it is not clear yet, I do think the authorities However, according to Hilgers, data sharing in the will decide to be lenient” in certain cases, he said. forums will become messier when companies come up He suggested that authorities may give leeway in against the 2013 and 2018 registration deadlines, as those cases where a firm purchases material from a deadlines will require dossiers for substances used in supplier prior to a deadline, only to have the smaller tonnage levels per year and will bring entities supplier fail to submit its dossier in time. into SIEFs with less technical knowledge. As for meeting deadlines, the attorney advises firms that While the REACH process is at times a “painful it is better to submit an incomplete “but not inaccurate” exercise,” Hilgers believes in its long-term payoff. dossier than to not submit any dossier at all. “We fully support the objectives of REACH,” she said. “And all this data generated, all the Garcia Molyneux noted that compliance with the methodologies, could have benefits that work first registration deadline is one step in a larger throughout the world.” process, and firms should keep their eye on the bigger picture and be mindful of the information Attorney Urges Last-Minute Due Diligence they supply in their dossiers. “For key ingredients, The Brussels office of international law firm companies should think about what is going to Covington & Burling LLP, which counsels cosmetic happen next, how that registration could trigger firms on REACH compliance, offered its other requirements and how this could impact perspective on manufacturer anxieties with the first other” types of regulations pertaining to cosmetics REACH registration deadline rapidly approaching. and detergents. “Because of the stakes involved in the long run, companies need to participate in the Counsel Candido Garcia Molyneux agreed with process as much as possible,” he said. Hilgers that supplier transparency is an issue for many downstream users. Moreover, many suppliers – Eileen Francis Unauthorized photocopying is prohibited by law. See page one.
  • 8. 8 “The Rose Sheet” September 27, 2010 People In Brief L’Oreal strategic marketing: Firm appoints Marc Menesguen head of L’Oreal’s newly created Strategic Marketing department, “a result of the decision to anticipate worldwide evolutions in order to steer the group towards essential transformations in the areas of strategic watch, consumer understanding, marketing creativity, advertising creation, digital communication and distribution methods,” according to Sept. 21 release. He joined L’Oreal in 1985 and served in management positions overseeing L’Oreal Paris in the U.K. and France, Lancome and L’Oreal Japan before being named managing director of firm’s Luxury Products division in 2004, where he was integral in the post-acquisition integration of Yves Saint Laurent, among other accomplishments. Effective Jan. 1, 2011, Nicolas Hieronimus – credited with “creating the international L’Oreal Paris brand which he managed for nearly five years” – will replace Menesguen as managing director of luxury products, vacating his spot as managing director of professional products, which will be filled by An Verhulst-Santos. Verhulst-Santos is “a professional products expert,” having spent her whole L’Oreal career in the sector in management roles across Europe, in Brazil and in the U.S., company notes. Promotions at Estee Lauder, Clinique: The Estee Lauder Companies promotes Daniel M. Annese to oversee its Estee Lauder brand’s six geographic regions and global education function in the newly created position of senior vice president, global general manager, market development. Annese – who joined the firm in 1994 – guided the brand’s international business through “five years of uninterrupted growth,” Global Brand President Jane Hertzmark Hudis says in Sept. 22 release. Simultaneously, Estee Lauder names Charisse Ford senior vice president, global marketing, in charge of Estee Lauder programs for skin care, fragrance and makeup. Ford led launch of Advanced Night Repair Synchronized Recovery Complex, “the biggest launch in the brand’s and the company’s history” and served in various marketing positions at Avon, Sara Lee and Kraft Foods before joining Estee Lauder in 2005. At Clinique, Ricardo Quintero has been tapped to head worldwide market development. Quintero – who previously oversaw Clinique’s business outside of America and held posts in firm’s Korea and Mexico offices – has “delivered strong growth and market share gains,” says Lynne Greene, global president of Clinique, Origins and Ojon. Symrise cosmetic innovation: Gabriele Vielhaber will oversee the Cosmetic Ingredients & Innovation department in Paris within Symrise’s Life Essentials division, which was formerly designated as its “Cosmetics” business. Holzminden, Germany- based firm touts Vielhaber’s “extensive background in the field of cosmetic raw materials as well as solid knowledge of the international cosmetics market.” Previously, she was head of company’s Global Innovation program in its Scent & Care segment, which includes Fragrances, Aroma Molecules and Mint in addition to Life Essentials. Vielhaber “made major contributions to expanding the research program at Life Essentials and played an indispensable role in launching the innovation strategy of the Scent & Care division in 2008,” says Sept. 16 release. Unauthorized photocopying is prohibited by law. See page one.
  • 9. September 27, 2010 “The Rose Sheet” 9 Webby Awards Open: Will Male Grooming Sites Continue To Dominate? Entries are being accepted for the Webby Awards’ TheFixers.com takes the guise of a talk show, best beauty/cosmetics website, which in four of the schooling guys, for example, on the importance last five years has gone to a male grooming brand, of being alert in the morning for the chance and more often than not one of Unilever’s. encounter with a desirable woman. Axe shower gels – in Rise, Shock, Snakepeel and Fever variations – Established in 1996 by a group of Internet are recommended. aficionados from The Web magazine that would evolve into the International Academy of the Digital The show’s host, “The Fixer” – who has “been around a Arts and Sciences, the Webby Awards is now touted bit, and knows what’s what” – tackles such important as “the leading international award [program] issues as “questionable hookups” and “Latin party spirit” honoring excellence on the Internet.” while running visitors through various pranks that can be played on friends who need their “game” th For its 14 Annual Webby Awards, Discussing Unilever’s fixed. Scantily clad females are never far celebrated in June, IADAS received Axe ads, Davies noted out of frame. nearly 10,000 entries from more than 60 countries and all 50 states and gave that young men Unilever/Axe is no stranger to the Webby out more than 100 awards across represent “a growing Awards. The prurient men’s brand won a industries in four categories – Website, Webby last year for its “100 Girls” site, audience and a hard- which allowed users to upload a photo of Interactive Advertising, Online Film & Video and Mobile. to-reach audience, their hair and be judged – seemingly live – and it requires a lot by a roomful of women as part of its Hair Crisis Relief Campaign (“The Rose Sheet” Among beauty/cosmetics website entries, of creativity because March 23, 2009). five nominees were selected by executive academy members – “visionaries, it’s a very cynical For the 2007 awards, Axe was evangelists and luminaries who have audience. So you see nominated for two sites – catalyzed great achievements on the riskier campaigns.” Gamekillers.com and AxeLab.net – Internet” – from a list pared down by though Philips took home the prize for associate academy members, who include former its Norelco Bodygroom site ShaveEverywhere.com Webby winners and other industry experts, (“The Rose Sheet” April 16, 2007). IADAS says. Axe’s overseas counterpart Lynx nabbed a Webby Musicians Beck and David Bowie, Internet inventor in 2008 for its “Lynx Effect” site and was Vint Cerf, “The Simpsons” creator Matt Groening nominated the year before for LynxBlow.com, and writers and editors from The New York Times which allowed Web users with sufficient lung and Wired, among other publications, are among capacity to blow the frost – and the clothes – off of academy members. beautiful women frozen in time. The five beauty/cosmetics website nominees this Davies recognized in a Sept. 22 interview with “The year were Henkel/Dial’s GetMagnetic.com, Make Rose Sheet” that Unilever has “been very successful and Up For Ever’s HD-Generation.com, Hearst aggressive about how they market on the Internet.” Communications’ RealBeauty.com, Sephora’s SephoraClaus.com and the ultimate winner, He pointed out that the company’s target Unilever/Axe’s The Fixers.com. demographic for Axe – young men 18 to 25 years of age – is “a growing audience and a hard-to-reach “The beauty and cosmetics industry is doing some audience, and it requires a lot of creativity because of the most interesting and innovative work on the it’s a very cynical audience. So you see riskier Internet today,” says David-Michel Davies, campaigns and more outrageous campaigns than executive director of the Webby Awards, in a you might for some other audiences that are a little Sept. 14 release. easier to reach,” Davies said. Unauthorized photocopying is prohibited by law. See page one.
  • 10. 10 “The Rose Sheet” September 27, 2010 He noted also that humor generally “plays really He cited Unilever’s “Evolution” video, created for well on the Internet – that’s just a fact.” its Dove Campaign for Real Beauty and launched online in 2006, which uses time-lapse effects to Sites Of A Different Theme Not Ineligible show how a “normal” woman is transformed by makeup artists and stylists – and even digital Henkel/Dial’s “Get Magnetic” site, which “Photoshopping” manipulations – into the strikingly was nominated for a 2010 Webby, also is beautiful face that appears on a billboard. designed to help men succeed with women, with a tutorial on the role of pheromones The ad is accompanied by the tagline: “For so long we “No wonder our perception of beauty in sexual attraction, an “Ask the Sexperts” section and a “How Magnetic Are You?” watched these ads on is distorted.” Aptitude Test. television that were Davies maintains that the Internet has really focused on the allowed advertisers to tell this kind of But not all Webby nominees focused on men and their mating objectives. Davies glitzy,” with “that story in a way that the 30-second TV spot contrasted the “hyper male-oriented” never did. In addition, in an environment hard shimmer of TheFixers.com with RealBeauty.com, where consumers can react to advertising which features primarily editorial content ‘Look Pretty Now!’” and share their thoughts with others, and is “very female-oriented.” However, “that sort “realness” becomes imperative. of highly produced “For so long we watched these The site bills itself as “the world’s premier source for everything that goes into fiction just doesn’t advertisements on television that were play as well in a really focused on the glitzy,” with “that making yourself beautiful – on the inside hard shimmer of ‘Look Pretty Now!’” and out.” In addition to hairstyle and medium where people Davies said. However, “that sort of highly makeup tips, Real Beauty addresses can talk.” – Webby produced – I don’t want to say lie – but physical fitness and keys to a healthy diet highly produced fiction just doesn’t play as well as the importance of mental health Awards Director as well in a medium where people through stress relief and a positive David-Michel Davies can talk.” self-image. th The early-entry deadline for the 15 Annual Webby Make Up For Ever’s HD-Generation.com features Awards is Oct. 29. Nominees will be announced in zoomable photos of young women ranging from April 2011, and winners will be honored at the gala actresses and stylists to a Pilates instructor and a bank ceremony in June. coordinator, along with the steps taken to achieve their makeup looks and links for purchasing products. According to Davies, recognition with a Webby “can symbolize that [a brand] is part of internet Davies noted that those sites and others in the beauty culture and that their marketing and the way they sector increasingly are focusing on “real people.” talk to their audience is new and modern, and when you’re trying to sell beauty products that’s actually RealBeauty.com often derives content from its pretty important.” Further, “it really differentiates readers, for example, using Twitter to collect their them from their competitors in material ways.” beauty tips, and the site features a section entitled “Real Beauties: What I Do.” In addition, consumers vote online for their favorite nominated websites to determine the Webby’s “People’s Internet Exposes “Realities” Of Beauty Voice” winners. Last year, more than a million votes were cast, Davies said, “so it really can bring increased The “realities” of beauty and “all the personal stuff exposure to the site and a brand itself.” that goes into looking your best” have been brought out with Internet advertising, Davies asserted. – Ryan Nelson (r.nelson@elsevier.com) Unauthorized photocopying is prohibited by law. See page one.
  • 11. September 27, 2010 “The Rose Sheet” 11 Reckitt Launches Recruitment Game Through Facebook To Win Fresh Talent In an effort to recruit executive talent and assert its ambitious” and “innovative” thinkers between the corporate identity, Reckitt Benckiser has launched a ages of 18 and 30 years of age. social media recruitment game on Facebook and added an “RB” tag to its branded ad campaigns. The game is intended to mirror the real-life experience of being a marketing executive in a “On campus, we want to be thought of in the same cutting-edge company such as Reckitt, the company breath as Procter & Gamble and SC Johnson, Kraft explains in a Sept. 9 release promoting the official or Colgate-Palmolive,” RB Communications launch of the game. Manager Caroline Hey told “The Rose Sheet.” Players are given tasks and assignments to complete Currently, when it comes time for college students via e-mail and phone calls, and “depending on how to think about where to start their careers, “they well you complete them, you will progress through don’t think of RB,” she said in a Sept. 17 interview. the company getting a fancier office and a better view from your office window,” RB says. Although in market research people tend to recognize the company’s brands – which include The game aims to pull talent from “where they Clearasil, Veet, French’s Mustard and Mucinex – spend their time,” the company says. Viewers are they typically are not familiar with the name of the informed about the site through friends on Facebook parent company. who recommend they join the game as an associate in their virtual office. “We want people to come to us; we want our candidates to really know us,” Hey said. The game also is supported by a Facebook fan page and through ads on Facebook, Adknowledge, The firm’s new social media game, called Yahoo!, Hotjobs and LinkedIn. PoweRBrands, is available through Facebook and is designed to scoop “the cream of the crop” from Finally, PoweRBrands is promoted on the college campuses, which would make RB less recruitment page of Reckitt’s corporate website dependent on hiring individuals who have already (RB.com). There, visitors are asked: “Are you a worked for competing companies. hidden gem of the business world? Do you have what it takes to outshine everyone else?” “Traditionally we would get very talented people, but it was not a true culture fit,” Hey said. “So we The site acknowledges that PoweRBrands “is all said, let’s find people at the beginning of their a bit of fun, really, but it does have a serious careers, bring them in and engage them in our purpose: RB wants potential future employees to culture right away.” know and understand what sort of career they can expect at RB.” She added that the RB corporate culture is one where people can “move along quickly,” though During its first month live, the site attracted 40,000 that is not a fact well-known among career-seekers. players, 120,000 visits and 5,800 Facebook fans, according to Reckitt. “We are a very forward-looking company with a vibrant culture and we give real opportunity very From “Reckitt” to “RB” early,” she said. “If you show the aptitude and initiative and drive, within three months’ time of The U.K.-based company also is taking its joining us you could already be moving up.” recruitment efforts into the consumer advertising realm, adding the tag “Discover RB” to the end of Seeking Innovative Thinkers TV ads for brands including Clearasil and Veet. PoweRBrands was beta-tested on Facebook in July The tag is intended to drive people to the and was officially launched in the U.S. market in company’s corporate recruitment page on its early September, targeting “well-rounded, website, where they can learn more about Reckitt’s Unauthorized photocopying is prohibited by law. See page one.
  • 12. 12 “The Rose Sheet” September 27, 2010 brands and read about the opportunities available at P&G has a recruitment section on its website at the company and what current employees are saying ExperiencePG.com and also touts its career on the “My RB Opportunity Blog.” opportunities on Facebook and LinkedIn. Using the “RB” acronym in promotional material Like Reckitt, French beauty company L’Oreal uses could help it to catch on with consumers in the same unique social media strategies to target college students. way that Procter & Gamble is widely known as Through a recruitment page on Facebook, the firm “P&G” and Johnson & Johnson as “J&J.” promotes an annual competition that challenges marketing pupils to act as L’Oreal brand managers. Already with strong name recognition, P&G has built upon that equity recently with consumer ads The competition, called “Brandstorm,” invites college that unite the firm’s major brands, including Crest, students in groups of three to tackle a marketing challenge CoverGirl and Clairol, under the firm’s larger and develop a range of L’Oreal products. Students are corporate banner. invited to Paris for a final round of competition each year, where three teams are awarded prizes. Based on the success it had partnering with the U.S. Olympic committee during the Vancouver 2010 This year, Brandstorm – which has run since 1993 – Winter Games to promote brands under the P&G drew participation from more than 43,000 students umbrella, the firm has extended the arrangement from 285 universities in 43 countries, L’Oreal says. through 2020 (“The Rose Sheet” Aug. 2, 1010, In Brief). – Eileen Francis HelixLife Offers Customized Skin Care Based On Targeted DNA Analysis HelixLife joins an elite pack fighting skin aging at the “We have in our bodies a total of three billion units DNA level with a personalized skin-care solution in our DNA,” said Dr. Robert Ricciardi, founder of designed to compensate for “disadvantaged genes.” GeneLink. “Our test will nail one out of the three billion – that is the degree of precision.” The fruit of its partnership with GeneLink Biosciences, Inc., HelixLife’s brilliant wellness The consumer receives a report after six core gene system consists of nutritional supplements and snips are analyzed for tiny variations in DNA called topical skin care custom-formulated for optimum single nucleotide polymorphisms (SNPs) to results, based on the user’s genetic profile, the determine how vulnerable he/she is to oxidative Orlando, Fla.-based company says. stress and skin aging. For example, a person with an SNP in the SOD2 “When we design a product, we design it from the (Manganese Superoxide Dismutase) gene will not have science side [based on] what your body needs, not the same enzyme levels as others and will “therefore what ingredients can we afford to put in the bottle,” have a weak first line of defense against free radicals,” Gary Beeman, CEO of GeneLink, told “The Rose whereas an SNP on the MMP1 (Matrix Sheet” on Sept. 22. “The ingredients are dictated by Metalloproteinase) gene could cause an individual to what your DNA tells us,” he said. overproduce collagenase, which degrades collagen, resulting in fine lines and wrinkles. The exec compared the system to “buying a dress or a suit and having it fitted exactly to you.” Other gene snips targeted by HelixLife’s testing include GPX1 (Gluthione Peroxidase 1), EPHX (Microsomal To identify disadvantaged genes, or genes that make Epoxide Hydrolase), TNF (Tumor Necrosis Factor) and an individual more prone to skin damage, NQ01 (Coenzyme Q10 Reductase). HelixLife/GeneLink collects a DNA sample from the customer via a cheek swab test. The swab is “By measuring these SNPs through a DNA mailed to the company’s lab where the cells are assessment, we can impact the expression of our opened to expose DNA, which is then amplified a genes through proper nutritional and lifestyle million-fold so that specific genes can be identified. support,” the company explains online. Unauthorized photocopying is prohibited by law. See page one.
  • 13. September 27, 2010 “The Rose Sheet” 13 HelixLife’s report back to customers includes color- HelixLife’s portfolio also includes a non- coded indications for where no additional support is customized, benzoyl-peroxide-free anti-acne serum needed (green), some additional support is needed called clear. Its ingredients are delivered “via (yellow) or maximum support is needed (red). liposomal methods that are similar to a skin patch,” according to the HelixLife website. Consumers interested solely in having this “snapshot of elements of your genetic makeup” can purchase the The company plans to reach customers through company’s assess kit and analysis for $259. Facebook and is developing online videos featuring interviews with doctors endorsing its products. Alternatively, on the basis of their genetic profile, HelixLife offers to provide customers “the right DNA Research Increasing Behind Skin-Care Scenes vitamin and mineral support your body needs to deal with oxidative stress, environmental pollutants, La Jolla, Calif.-based DermTech International has collagen breakdown and the lack of antioxidant-rich patented technologies for the non-invasive foods in your diet.” collection of genetic material from skin as well as gene expression analyses. In February, the Every brilliant skin serum consists of 50 ingredients, company’s CEO George Schwartz spoke with “The 30 of which form a base and 20 that are specially Rose Sheet” about the possibility of using its selected. For consumers susceptible to oxidative stress, technology to fit consumers with personalized skin- for example, customized add-ins include spirulina care regimens. powder, OxyPhyte green tea extract, OxyPhyte white tea extract, bilberry extract and vitamin B3. Schwartz claimed that DermTech’s Epidermal Genetic Information Retrieval (EGIR) adhesive skin sampling “Customized products are designed to help your technique – which uses a hand-held device with an body get additional support where it needs it most adhesive on the end to collect cells from the upper layer without giving you more help than you need,” the of skin – is unique in that it does not require a biopsy and firm explains on its website. “That’s really the therefore could be used in a store setting to sample cells problem with ordinary dietary supplements and (“The Rose Sheet, Feb. 8, 2010). skin-care products. No one seems to know exactly what the right amount is, which supplements are Among other companies focused on DNA is clinical best or needed and how to create a regimen that skin-care and medical laser company PhotoMedex, meets the unique needs of your body.” which recently launched its Neova DNA + Copper Combination Therapy Products to “address DNA Ricciardi expanded on that concept. In other skin damage by activating the skin’s natural recovery serums, he said, “if there’s too much of some process after damage has occurred but before the things, then there’s less of something else. We try to inevitable consequences occur.” optimize for you what is best for you based on something very rational. We hit areas that we think are extremely important to your skin health that we Liposome-encapsulated DNA repair enzymes are have found are better based on your DNA.” delivered to the epidermis, while copper peptide complex restores the skin’s ability to repair itself, HelixLife’s customized skin-care program is priced the company explains in its Sept. 15 release. at $139 per month. To add customized supplements to the plan, the total per month cost is $239. EliteSkin’s DNA Rejuvenation System combats Consumers are locked into the initial two months to aging by maintaining the length of telomeres, which cover the cost of the DNA test. are DNA strands that shorten as aging cells divide (“The Rose Sheet” Aug. 23, 2010). The company also sells its 30-ingredient base alone, branded as the glow anti-aging serum ($69). It CellCeuticals says its GFP Cellular Complex contains aloe, vitamin B5, glycerin, rice bran oil, represents “the culmination of more than 15 years cabbage leaf extract, cat’s claw extract, copper of protein and DNA research (“The Rose Sheet” peptide, glycine, soy protein and polyglyceryl-4 Feb. 1, 2010). caprylate, among other natural and organic ingredients, the firm says. – Suzanne Blecher (s.blecher@elsevier.com) Unauthorized photocopying is prohibited by law. See page one.
  • 14. 14 “The Rose Sheet” September 27, 2010 Weekly Trademark Review Issued Sept. 21, 2010 [Class 3 (Cosmetics & Cleaning Preps) compiled by “The Rose Sheet” from Official Gazette of the U.S. Patent and Trademark Office] Trademark No./ Filed Date Product Name [Serial No.] Company [Published] Class Nos. First Use Date Marks Registered – Class 3 Juicy Touch 3,849,138 Lancôme Parfums Et Beauté 5-29-03 50, 51 & 52 ––– [76-520,367] [5-11-04] Juicy & Fresh 3,849,139 Lancôme Parfums Et Beauté 5-29-03 50, 51 & 52 ––– [76-520,368] [5-4-04] Juicy Style 3,849,140 Lancôme Parfums Et Beauté 9-8-2003. 50, 51 & 52 ––– [76-546,370] TM05 [1-18-05] Juicy Juice 3,849,141 Lancôme Parfums Et Beauté 4-21-04 50, 51 & 52 ––– [76-587,764] [9-27-05] Juicyful 3,849,142 Lancôme Parfums Et Beauté 4-21-04 50, 51 & 52 ––– [76-587,766] [9-27-05] Juicy Tubes Pop 3,849,143 Lancôme Parfums Et Beauté 6-17-04 50, 51 & 52 ––– [76-597,755] [11-1-05] Nature’s Love in A Bottle 3,849,150 Liquid Love Products 4-17-09 50, 51 & 52 ––– [76-696,920] [3-30-10] Organic Surge Men 3,849,271 Organic Surge 12-1-08 Int. 50, 51 & 52 ––– [77-623,572] [6-1-10] Terra Dolce 3,849,317 The Estheticians Garden 3-26-09 50, 51 & 52 ––– [77-699,513] [7-6-10] Vie At Home 3,849,319 Vie Cosmetics Group 3-31-09 Int. 50, 51, 52 ––– [77-703,108] [7-6-10] Janegee 3,849,324 Jane Gee 4-9-09 50, 51 & 52 ––– [77-710,792] [7-6-10] Gloves Off 3,849,325 Siamons Internatl. 4-13-09 50, 51 & 52 ––– [77-712,225] [7-6-10] Gloriaven 3,849,389 Gloria Med Pharma 7-10-09 Int. 50, 51 & 52 ––– [77-778,623] [5-18-10] Lano Lip 3,849,419 GDM Enterprises 7-28-09 50, 51 & 52 ––– [77-790,963] [3-30-10] Lasiuly By Marco Radice 3,849,476 Radice, Marco 8-14-09 Int. 50, 51 & 52 ––– (Stylized) [77-804,872] [7-6-10] Miscellaneous Design 3,849,500 Endochoice 8-25-09 Int. 50, 51 & 52 ––– [77-812,137] [7-6-10] Canali 3,849,507 Canali Ireland 8-27-09 50, 51 & 52 ––– [77-814,230] [7-6-10] Antonio Banderas The 3,849,543 Antonio Banderas 9-15-09 50, 51 & 52 ––– Secret (Stylized) [77-826,405] [7-6-10] Thicker Fuller Hair 3,849,582 Henkel Consumer Goods 10-9-09 50, 51 & 52 ––– (Standard Character) [77-845,662] [6-1-10] Genius Mother & Design 3,849,622 Svetlichnaya, Ninel, 11-5-09 Int. 50, 51 & 52 ––– [77-866,147] Svetlitchnyi, Stanislav & [7-6-10] Chekhter, Yuliya Om-Alley & Design 3,849,627 O’Malley Aerin Alex 11-9-09 50, 51 & 52 ––– [77-867,947] [7-6-10] Level Naturals 3,849,739 Dubuque, Jonathan 1-12-10 50, 51 & 52 ––– [77-910,094] [7-6-10] Unauthorized photocopying is prohibited by law. See page one.
  • 15. September 27, 2010 “The Rose Sheet” 15 Trademark No./ Filed Date Product Name [Serial No.] Company [Published] Class Nos. First Use Date Jojo Brooks 3,849,771 Ray D. Brooks & Josephine 1-19-10 50, 51 & 52 ––– [77-915,217] B. Brooks [7-6-10] Menwe De Millie 3,849,772 Ray D. Brooks & Josephine 1-19-10 50, 51 & 52 ––– [77-915,236] B. Brooks [7-6-10] Intense Rx 3,849,854 Copomon Enterprises 2-5-10 50, 51 & 52 ––– [77-929,024] [7-6-10] Babiesrus 3,849,863 Geoffrey 2-9-10 Int. 50, 51 & 52 ––– [77-931,308] [7-6-10] Bathgasm & Design 3,849,937 Blind Leap Productions 2-14-10 50, 51 & 52 ––– [77-935,472] [7-6-10] White Smile Sensation 3,849,942 Tiffany & Associates 2-15-10 50, 51 & 52 ––– [77-935,547] [7-6-10] Sugar Sharp 3,850,003 Tikki Stovall 2-16-10 50, 51 & 52 ––– [77-936,633] [7-6-10] GG Granite Gold (Stylized) 3,850,057 PMC Stonecare Enterprises 2-19-10 50, 51 & 52 ––– [77-940,421] [7-6-10] Fango Active Mud For Hair 3,850,092 Borghese Trademarks 3-15-10 50, 51 & 52 ––– & Scalp [77-958,793] [7-6-10] My First 3,850,101 Colgate-Palmolive 3-24-10 50, 51 & 52 ––– [77-967,167] [7-6-10] Juicy Wear 3,850,128 Lancôme Parfums Et Beauté 1-21-04 50, 51 & 52 ––– [79-000,781] [7-5-05] AHR Armani Hotels & 3,850,129 Giorgio Armani S.P.A., 4-1-05 Int. 50, 51 & 52 ––– Resorts (Stylized) [79-011,321] Milan Swiss Branch [7-6-10] Mendrisio Arrogance & Design 3,850,137 Pikenz the First 10-19-07 Int. 50, 51 & 52 ––– [79-048,294] [7-6-10] Derfen & Design 3,850,149 Pansart Peggy 11-7-08 Int. 50, 51 & 52 ––– [79-062,731] [3-30-10] Veq 3,850,161 Christiane Köppl 8-12-08 Int. 50, 51 & 52 ––– [79-068,298] [7-6-10] Jasmin Raroque & Design 3,850,167 Son, Jong Hee 4-21-09 50, 51 & 52 ––– [79-069,920] [7-6-10] Fusskraft 3,850,174 Eduard Gerlach Chemische 2-27-09 50, 51 & 52 ––– [79-070,602] Fabrik [7-6-10] Vegetable(s) Skin Care & 3,850,202 Unipar Sarl 4-22-09 Int. 50, 51 & 52 ––– Design [79-073,336] [7-6-10] Re-Code & Design 3,850,208 Marketing Dream Team 8-6-09 Int. 50, 51 & 52 ––– [79-073,596] [7-6-10] Yuica 3,850,237 Sei Plus Kabushiki Kaisha 7-2-09 50, 51 & 52 ––– [79-075,732] [7-6-10] Nat Select 3,850,247 Naturex 10-1-09 Int. 50, 51 & 52 ––– [79-076,677] [7-6-10] ZZ (Stylized) 3,850,262 Börlind; Gesellschaft Für 1-13-10 50, 51 & 52 ––– [79-079,492] Kosmetische Erzeugnisse [7-6-10] MBH Fontana Di Trebbia 3,850,275 Fontana Pelletterie S.P.A. 4-2-10 Int. 50, 51 & 52 ––– [85-005,479] [7-6-10] F & Design 3,850,276 Fontana Pelletterie S.P.A. 4-6-10 50, 51 & 52 ––– [85-007,538] [7-6-10] Unauthorized photocopying is prohibited by law. See page one.
  • 16. 16 “The Rose Sheet” September 27, 2010 Trademark No./ Filed Date Product Name [Serial No.] Company [Published] Class Nos. First Use Date Marks Registered Under Section 1(d) – Class 3 The following marks have been registered on the principal register pursuant to the intent-to-use provisions of Section 1(d) of the Trademark Act of 1946, as amended. Select trademark lists have been condensed. Vata 3,850,344 Posh Hair Salon 10-7-06 50, 51 & 52 7-28-2005 [77-016,321] [4-29-08] For personal care products. Tonight 3,850,364 Donnelly, Bill 2-6-07 50, 51 & 52 5-20-2010 [77-099,920] [8-7-07] For perfumes and colognes. Melaboost 3,850,407 Australian Gold 6-11-07 50, 51 & 52 11-1-2009 [77-202,874] [10-9-07] For skin care preparations, namely, nonmedicated indoor and outdoor tanning preparations. E•Volve 3,850,408 Evolve Personal Care 6-18-07 50, 51 & 52 11-2007 [77-208,186] [5-6-08] The mark consists of the word “evolve” with a dot between the first “e” and first “v.” For body products, namely, body lotion; beauty care products, namely, beauty care cosmetics; skin care products, namely, skin cream; shampoo; conditioner; skin lotions; cosmetic oils; fragrances for personal use. Enspri (Stylized) & Design 3,850,418 Kint & Associates 7-20-07 50, 51 & 52 9-1-2007 [77-235,224] [1-8-08] Owner of U.S. Reg. Nos. 3,102,307 and 3,157,733. The name(s), portrait(s) and/or signature(s) shown in the mark does not identify a particular living individual. The mark consists of three components 1. A round image, with stylized letter “e,” above which is a tri-floral/leaf arrangement; 2. The word “enspri” in English letters; 3. Four Chinese characters, which sound like “enspri.” The wording “enspri” has no meaning in a foreign language. The non-Latin characters in the mark transliterate to roughly “enspri” (with Chinese accent) and this means enspri in English. The non-Latin characters in the mark transliterate to enspri and this has no meaning in a foreign language. For cosmetic creams for skin care; cosmetic oils for the epidermis; cosmetic preparations for skin renewal. L’bel 3,850,465 Ebel Internatl. 12-3-07 50, 51 & 52 2-2008 [77-342,911] [10-28-08] Owner of U.S. Reg. Nos. 3,270,380, 3,295,808 and others. For cosmetics, namely, astringents and toners for cosmetic purposes, beauty masks for the face and body, beauty scrubs for the face and body, blusher, cosmetic pencils for the face, eyes and lips, concealers, foundation, face powder, eyeliners, eyeshadow, mascara, lipstick, lip gloss, lip moisturizer and base lipstick; preparations for personal hygiene and beauty care, namely, hand and body lotions and creams, soaps for the face and body, bath and shower gels, bath oils and shaving gels and creams; fragrances for men and women, namely, eau-de-cologne, perfume, eau de toilette; body oils and essential oils for personal use; and hair care products, namely, shampoo, conditioner. Leap Organics 3,850,531 Leap Organics 4-22-08 50, 51 & 52 7-1-2010 [77-454,926] [9-23-08] No claim is made to the exclusive right to use “organics” apart from the mark as shown. For organic skin care products, namely, facial and body soap, lip balm, shampoo, conditioner, body lotion and facial and body cleanser. Chapfix+ 3,850,605 Lotta Luv 6-24-08 50, 51 & 52 8-13-2009 [77-506,860] [11-18-08] For lip balm. Toothbrush Tree 3,850,648 The Aaah! Co. 8-4-08 50, 51 & 52 11-2009 [77-538,631] [11-4-08] No claim is made to the exclusive right to use “toothbrush” apart from the mark as shown. For dentifrice; mouthwash; skin cleansers; skin creams; skin lotions; skin moisturizer. Weightless Bodybuilding 3,850,693 Procter & Gamble 9-25-08 50, 51 & 52 7-14-2010 [77-578,382] [2-17-09] For hair care preparations. Unauthorized photocopying is prohibited by law. See page one.
  • 17. September 27, 2010 “The Rose Sheet” 17 Trademark No./ Filed Date Product Name [Serial No.] Company [Published] Class Nos. First Use Date Flowing Body 3,850,695 Procter & Gamble 9-25-08 50, 51 & 52 7-14-2010 [77-578,598] [2-17-09] No claim is made to the exclusive right to use “body” apart from the mark as shown. For hair styling preparations. Camo Fx 3,850,704 Gameface 10-6-08 50, 51 & 52 1-13-2009 [77-586,006] [9-22-09] No claim is made to the exclusive right to use “camo” apart from the mark as shown. For face and body glitter; face paint; makeup. Touch-On Highlights 3,850,713 L’Oréal 10-15-08 50, 51 & 52 1-2010 [77-592,939] [11-10-09] No claim is made to the exclusive right to use “highlights” apart from the mark as shown. For hair highlighting kit, comprising of, after color conditioner, highlighting powder, highlighting developer, applicator tool, mixing tray and spatula, instruction sheet and colorist gloves. Likewise 3,850,714 Pena, Julie 10-15-08 50, 51 & 52 ––– [77-593,086] [3-3-09] For skin care products and sun protection products, namely, facial moisturizers and matifying balancers for oily skin with UVA/B blockers; facial moisturizers and toning balancers for normal skin with UVA/B blockers; facial moisturizers and calming balancers for dry and sensitive skin with UVA/B blockers; total body cleansers; moisturizing body lotions with UVA/B blockers. Coveraid 3,850,808 DDP Enterprises 12-10-08 50, 51 & 52 7-1-2010 [77-630,359] [4-21-09] For therapeutic concealer for skin. Gillette Fusion Proseries 3,850,836 Gillette 12-23-08 50, 51 & 52 6-6-2010 [77-638,919] [11-17-09] Owner of U.S. Reg. Nos. 2,757,416, 3,518,242 and others. No claim is made to the exclusive right to use “pro series” apart from the mark as shown. For preshave facial washes and scrubs; moisturizers; and aftershave lotions, balms and gels. Charisma 3,850,855 Australian Gold 1-5-09 50, 51 & 52 11-1-2009 [77-643,425] [10-20-09] For nonmedicated indoor and outdoor skin tanning preparations. Ifuro (Stylized) & Design 3,850,968 Lee, Chung-Ming 3-26-09 50, 51 & 52 7-15-2010 [77-700,290] [1-19-10] The mark consists of a fanciful cloudshaped design with the term “ifuro” in stylized font with the “o” in “furo” having a leaf design at the top. The wording “ifuro” or “furo” has no meaning in a foreign language. For bath soaps, facial cleansers, shower gels, shower gels for babies, nonmedicated bath salts, shampoos for babies, hair shampoo, hair conditioner, hand soaps. Bad Monkey (Stylized) & 3,850,990 Dyno Manufacturing 4-13-09 50, 51 & 52 6-11-2009 Design [77-712,497] [8-11-09] The color(s) red, gray, white, light blue, dark blue, brown, tan and black is/are claimed as a feature of the mark. The mark consists of the words “bad monkey” with “bad” in large red block letters with a thin tan border, shadowed in black on the sides and gray on the top. The word “monkey” is in a smaller stylized tan font superimposed on the word “bad.” There is a design element consisting of a monkey in brown and tan, wearing a dark blue shirt with the word “bad” on the chest in red script, light blue pants and black sunglasses and squeezing a tube from which tan liquid is spurting with his left hand. There are shadows of the wording and the monkey in front of each in the color gray. For hand cleaners; hand cleaning preparations. Unauthorized photocopying is prohibited by law. See page one.