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FDA Serves Up More Warnings: Avon Cited For Touting Druglike Benefits

This article was originally published in The Rose Sheet

Executive Summary

Claims cited in FDA’s warning to Avon Products Inc. include statements suggesting collagen-building and wrinkle-plumping benefits, as well as comparisons to in-clinic injections and the assertion that technology in the firm’s Anew Reversalist products can help “reactivate skin’s repair process to recreate fresh skin.” Avon has 15 days to reply.

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California Federal Court: Products That Firm Skin Via Moisturization Could Be Unapproved Drugs

Plaintiff Ashley Franz’s claim that Beiersdorf’s Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed drug clears the “relatively low bar of plausibility,” a California federal court determined May 21, denying the firm’s latest bid for dismissal. However, the court intriguingly suggests a motion for summary judgment could be “appropriate” before addressing class certification.

Beiersdorf Wants Nivea ‘Unapproved Drug’ Suit Off Its Back Once And For All; L’Oreal Likely Watching

A proposed class action alleging that Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed structure/function-changing drug was dismissed in 2017, only to be resuscitated by a Ninth Circuit reversal in December 2018. Beiersdorf is trying to get the suit tossed again, which would be of some assurance to L’Oreal, now facing similar litigation.

Appeals Court To Hear Suit Alleging Nivea Lotion Is Unlawfully Marketed Drug

Beiersdorf's Nivea Skin Firming Hydration Body Lotion is an unapproved drug based on the brand's skin-tightening claims, according to a plaintiff who says she should not have spent money on a product that is on the market illegally. A California district court dismissed the suit April 4, but the plaintiff is appealing.

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