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New Litigation Risks Possible From Pending Allergan V. Athena Case

This article was originally published in The Rose Sheet

Executive Summary

Lower court decisions identifying Athena Cosmetics, Inc.'s RevitaLash products as unapproved drugs that compete unfairly against Allergan's Latisse drug could have broader legal implications for the cosmetics industry if the Supreme Court denies the firm's request for review. Already beleaguered by false-advertising class actions on the tails of FDA warning letters, firms could be at further risk of being hit with opportunistic lawsuits if it's left to federal courts to determine products' intended use and regulatory status.

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