Kelly A. Bonner is a trial attorney whose practice focuses on consumer products, securities, antitrust, RICO, cross-jurisdictional and other complex commercial disputes.
Kelly has represented clients in a broad array of industries—including health care, pharmaceutical, manufacturing, consumer products, and financial services—in state and federal courts and arbitration proceedings throughout the country, as well as cross-border investigations by regulatory agencies. She has handled cases in all phases of litigation and has extensive experience drafting and arguing motions in federal and state court, coordinating cross-border discovery strategies, preparing for and taking numerous party, fact and expert witness depositions, working with experts, and drafting complex settlement agreements.
Kelly is a frequent author on litigation risk and regulatory issues affecting businesses in the cosmetics and personal care industries, and has been quoted in national publications on the application of the Food, Drug, and Cosmetics Act and FDA regulations concerning cosmetics.
Kelly maintains an active pro bono practice, including representing applicants for asylum before the U.S. Citizenship and Immigration Service and serving as a child advocate in Philadelphia Family Court proceedings
Kelly is a 2010 graduate of Fordham University School of Law, where she was a member of the Fordham Urban Law Journal and studied E.U. regulatory law at the European University Institute, and a cum laude graduate of New York University. She is proficient in French and knows basic German.
Areas of Practice
- Litigation
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
- 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, “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,” Cosmeticsdesign.com, 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,” CosmeticsDesign, 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," CosmeticsDesign, August 9, 2023
- Quoted, "Beauty Lawsuits Are Set To Increase, Experts Say," WWD, 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," WWD, 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 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