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Plaintiff Digs Deep In Almay Archives For ‘Hypoallergic’ Fraud Evidence

This article was originally published in The Rose Sheet

Executive Summary

In the absence of FDA regulations, federal courts generally are weighing hypoallergenic false-advertising arguments against the “reasonable consumer” standard, with varying results. However, Almay may have provided a more substantive basis for assessing the truthfulness of its hypoallergenic claims via a letter to FDA on the subject – albeit one from 1973.


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