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Beauty Watch

Issue 4: December 2023

Beauty Watch

Editor's Note

Eloise Harding - Mishcon de Reya

Welcome to the latest edition of Beauty Watch, with legal updates dedicated to businesses in the beauty, cosmetics and wellness sectors. In this issue, we explore how AI is revolutionising the beauty industry, including tools such as 'virtual try-ons' and 'skincare analysis'. We also highlight important regulatory developments, including the use of digitally altered images in advertising, packaging waste reform initiatives and the licensing of non-surgical cosmetic procedures.

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News

Beauty dupes and what to do about them

Beauty dupes are big business – search "beauty dupe for… " any luxury skincare product and you will see countless results. These range from dedicated dupe advisory sites and social media channels, through to mainstream media recommending low-cost alternatives to premium skincare products, with headlines such as "The budget beauty ‘dupes’ that really work" (The Telegraph) and "Best makeup dupes of high end beauty products 2023" (The Evening Standard).

News
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9 top tips for beauty start ups

Lawyers from across our firm have combined their expertise to provide these legal tips for start-up and early stage businesses in the beauty sector. While there is no one-size-fits-all approach, these tips should help young beauty brands circumvent some of the common pitfalls and ensure that their businesses are not only legally and regulatorily compliant, but well positioned for future growth and success.

News
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Government launches consultation on licensing of non-surgical cosmetic procedures

To address growing concern, the Department for Health and Social Care launched an 8-week consultation  in September this year through which they sought public feedback on the scope of a proposed licensing scheme for specific non-surgical cosmetic procedures in England. The proposed scheme seeks to introduce licensing requirements for individual practitioners as well as the premises they operate from. It is proposed that the scheme will be operated by local authorities.

News
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The beauty of AI: Revolutionising the beauty industry

Digitalisation of the beauty industry is not new, but it is witnessing a remarkable transformation, thanks to the integration of artificial intelligence (AI). The convergence of beauty and technology has given rise to innovative solutions that are not only changing the way products are developed and marketed, but also enhancing the overall customer experience.

News
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Distinctive brand names win out in the beauty industry

The beauty industry is dynamic and constantly evolving, with indie brands continuing to emerge in competition with established leading names. In this increasingly populated industry, beauty brands must work hard to distinguish themselves from their competitors. This applies not only to brand names which are the identity and trading name of the business, but also to specific products or ranges which can become sub-brands within their own right – an iconic example being Charlotte Tilbury's 'Pillow Talk'.

News
Abstract - consulation on AI

Use of digitally altered images in beauty & cosmetics adverts

The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have published an update statement concerning the use of digitally altered images in advertising. This follows their interim statement in November 2022 and their earlier call for evidence, both of which were in the context of a broader review of body image portrayal within advertising.

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