In Brief: Coty Eyes OPI Growth; RevitaLash Is Back; Garnier Pulled From China
This article was originally published in The Rose Sheet
Executive Summary
Coty aims to drive development of its OPI nail brand in the U.K. with the acquisition of distributor Lena White. More news in brief.
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Preemption Argument In Drug/Cosmetic Dispute Likely Falls Short Of Supreme Court
Federal law does not preempt Allergan's suit alleging Athena Cosmetics' RevitaLash competes unfairly against the drug firm's Latisse treatment in California, according to a Supreme Court brief filed by Solicitor General Donald Verrilli. Athena argues the absence of FDA action against its eyelash enhancers signals that its cosmetic positioning is lawful.
Preemption Argument In Drug/Cosmetic Dispute Likely Falls Short Of Supreme Court
Federal law does not preempt Allergan's suit alleging Athena Cosmetics' RevitaLash competes unfairly against the drug firm's Latisse treatment in California, according to a Supreme Court brief filed by Solicitor General Donald Verrilli. Athena argues the absence of FDA action against its eyelash enhancers signals that its cosmetic positioning is lawful.
Supreme Court Review Of Athena Cosmetics Case, Federal Preemption Argument Unlikely
Federal food and drug law does not impliedly preempt Allergan's suit against Athena Cosmetics alleging that the defendant's RevitaLash products compete unfairly against the drug firm's Latisse treatment in California, according to a brief filed by Solicitor General Donald Verrilli with the Supreme Court. Athena has argued that the absence of FDA action against its eyelash enhancers signals that their cosmetic positioning is lawful, but Verrilli disagrees, maintaining that such litigation can supplement rather than conflict with FDA regulation.