Kelly A. Bonner
Associate
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Phone: +1 215 979 1158
- Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA
Kelly A. Bonner is a litigator who focuses her practice on defending consumer product manufacturers and retailers in complex commercial and regulatory disputes. She is part of the Duane Morris Life Sciences and Medical Technologies and the Fashion/Retail/Consumer Branded Products industry groups.
She regularly counsels clients on product labeling, packaging, and promotional concerns, as well as compliance with the Food, Drug, and Cosmetics Act, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), FDA guidance and regulations, cosmetic ingredient bans and restrictions, and state consumer protection and false advertising laws.
Kelly is a frequent author and commentator on litigation risk and regulatory issues affecting businesses in the cosmetics and personal care industries.
Areas of Practice
- Complex Commercial Litigation
- Consumer Protection
- Products Liability
- Regulatory Compliance
- Prop 65 Litigation
- Deal Diligence
Admissions
- Pennsylvania
- New York
- U.S. District Court for the Eastern District of Pennsylvania
Education
- Fordham University School of Law, J.D., 2010
- Fordham Urban Law Journal - New York University, B.A., cum laude, 2005
Experience
- Duane Morris LLP
- Associate, 2017-present - White & Case LLP
- Associate, 2011-2017
Professional Activities
- Food and Drug Law Institute
- Enforcement, Litigation, and Compliance Conference Planning Committee, 2024-2025
Civic and Charitable Activities
- Lighthouse Guild NYC
- Volunteer reader to blind and visually impaired, 2006-present
Selected Publications
- Author, “Legal Lens: Why Are 12 Year Olds Using Anti-Aging Products, and Other Burning Questions About Anti-Aging Skin Care,” CosmeticsDesign, October 22, 2024
- Author, “Legal Lens: MoCRA in Motion – Unpacking the Biggest Regulatory Shift in U.S. Cosmetics Law,” CosmeticsDesign, September 26, 2024
- Author, “Legal Lens: Navigating Cosmetics & Personal Care Regulations,” Cosmetics Design USA, August 29, 2024
- Author, "California’s Bid to Ban Selling Anti-agers to Teens Fell Through, but Set a Precedent," Cosmetics Business, August 14, 2024
- Co-author, "FDA Confirms No Asbestos in Cosmetic Talc Products for a Third Year in 2023," Duane Morris Alert, April 16, 2024
- Author, “What You Need to Know Before Promoting Wellness Ingestibles,” WellSpa360, November 6, 2023
- Author, "MoCRA Requires Federal Regulatory Overhaul," The Beauty Industry Review, Fall 2023
- Co-author, "Introducing Cosmetics Direct – FDA's New Electronic Portal for Cosmetic Facility Registration and Product Listing Under MoCRA," Duane Morris Alert, September 18, 2023
- Co-author, "FDA Issues Second Warning Letter of 2023 Over Potentially Misleading Efficacy Claims Regarding Inhaler," Duane Morris Alert, August 29, 2023
- Co-author, "Next Phase of MoCRA Rollout: FDA Draft Guidance on Registration and Listing of Cosmetic Product Facilities and Products," Duane Morris Alert, August 8, 2023
- Co-author, "Beauty and Personal Care Products Post-MoCRA Regulatory Compliance Checklist," Lexis Nexis Practical Guidance, June 2023
- Author, "What Spas Need to Know About Recent Sunscreen Regulations," WellSpa 360, June 2023
- Co-author, "MoCRA Is Here -- Now What? Unpacking Litigation and Regulatory Risk for Cosmetics Brands Following MoCRA's Enactment," Food and Drug Law Institute, Spring 2023
- Co-author, "JPML Consolidates Dozens of Lawsuits into Hair Relaxer MDL in Illinois Federal Court," Duane Morris Alert, February 10, 2023
- Co-author, "Congress Overhauls FDA Cosmetics Authority in Year-End Appropriations Bill," Duane Morris Alert, January 4, 2023
- Co-author, "Recent BIPA Cases Highlight Data Risks Of High-Tech Fashion," Law360, December 22, 2022
- Author, "L'Oreal Case Highlights Legal Risks Of Anti-Aging Claims," Law360, December 6, 2022
- Author, "Cosmetics Companies Invite Legal Risks With 'Clean' Marketing," Law360, September 1, 2022
- Co-author, "Blockchain and NFTs Are Smart, but Can They Revolutionise the Fashion Industry?" Multilaw, January 2022
- Co-author, "Pennsylvania General Assembly Passes COVID-19 Safe Harbor Legislation," Duane Morris Alert, November 23, 2020
- Author, "The Legal Side of CBD," DaySpa magazine, January 2020
Author, "Contaminated Cosmetics: Recalls, Lawsuits And Legislation," Law360, June 20, 2019
Author, "Risks Of Promoting Products As 'Safe' For Pregnant Women," Law360, February 28, 2019
Co-author, "Counterfeit Cosmetics: Fake Beauty, Real Danger," Law360, April 25, 2018
- Co-author, "Corporate Behavior and Atrocity Prevention: Is Aiding and Abetting Liability the Best Way to Influence Corporate Behavior?" Reconstructing Atrocity Prevention, Cambridge University Press, 2015
Media Hits
- Quoted, "The Beauty Regulatory Landscape Is Changing, Here's the Latest," Women's Wear Daily, June 25, 2024
- Quoted, "California Bill Banning Sale of Anti-Aging Skin Products to Children Under 13 Fails to Advance," Cosmetics Design, June 5, 2024
- Quoted, “Answers to Environmental Compliance FAQs with Leading Beauty Industry-Focused Attorneys,” Glossy, April 25, 2024
- Quoted, “Q&A: Attorney Breaks Down ‘Clean at Sephora’ Ruling,” Cosmetics Design, April 23, 2024
- Quoted, "Sephora ‘Clean Beauty’ Lawsuit Thrown Out by Judge," Cosmetics Business, March 19, 2024
- Quoted, "Big Win for Beauty Industry as Judge Throws out Sephora Clean Beauty Lawsuit," BeautyMatter, March 17, 2024
- Quoted, "Sephora Wiped Clean of Alleged Misleading 'Clean Beauty' Claims," Cosmetics & Toiletries, March 15, 2024
- Quoted, “How Beauty Companies Can Mitigate Risks Associated with AI Technology Use,” Cosmetics Design, March 7, 2024
- Quoted, "Decoding and Leveraging AI Regulations for Beauty Sector in US and EU with Duane Morris," Personal Care Insights, March 1, 2024
- Quoted, "Retailers’ Clean Beauty Claims Fuel Consumer Doubts and Lawsuits," Bloomberg Law, December 5, 2023
- Quoted, "Plaintiffs' Bar Emboldened As Long As This 'Amorphous Term' Persists In Personal-Care Marketing," The Rose Sheet, October 12, 2023
- Quoted, "DA Issues Guidelines for Incoming Beauty Regulation," Women's Wear Daily, August 18, 2023
- Quoted, "Industry Seeks FDA Flexibility Around MoCRA Registration And Listing; Attorneys Discuss," HBW Insight, August 16, 2023
- Quoted, "A Lawyer Reveals How Cosmetics Companies Can Prepare for the Us’ New Cosmetics Registration System," Cosmetics Business, August 10, 2023
- Quoted, "Attorneys React to FDA Draft Guidance on Cosmetic Facility Registration & Product Listing Submission Requirements," Cosmetics Design, August 9, 2023
- Quoted, "Beauty Lawsuits Are Set To Increase, Experts Say," Women's Wear Daily, March 3, 2023
- Quoted, "US FDA Seeks Leader for New Food Safety Programme, Looks to Move Cosmetics Work," Chemical Watch, March 2, 2023
- Quoted, "As Beauty Companies Prepare for New Regulations, Here’s What to Know About MoCRA," Women's Wear Daily, February 10, 2023
- Quoted, "Landmark US Cosmetics Overhaul to Trigger Host of Compliance Duties," Chemical Watch, January 19, 2023
- Featured Speaker on the Fat Mascara Podcast, "How Cosmetics are Regulated", January 27, 2023
- Quoted, "Neon Eyeshadow Has Never Been More Popular, But Is It Safe?" Refinery29, July 26, 2019
Selected Speaking Engagements
- Speaker, Cosmetics Regulations North America 2024, Virtual Event, November19-20, 2024
- Speaker, "Cosmetics Bootcamp: New Regulations and Litigation Hazards?" Food and Drug Law Institute Annual Conference, May 15, 2024
- Speaker, "FDA Oversight in Cosmetics & Update on MOCRA," Consumer Healthcare Products Association Seminar, April 10, 2024
- Speaker, "MoCRA Comprehension Hub: A 360 Degree Deep Dive Into the Essential Components of the 2022 Modernization of Cosmetics Regulation Act," 11th Annual Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products, March 19, 2024
- Moderator, “Cosmetic Safety and Contaminants: PFAS, State Versus Federal Regulation, and More,” Food & Drug Law Institute, Webinar, March 13, 2024