L’Oreal’s Anti-Wrinkle RevitaLift Products Are Unlawfully Marketed Drugs – Class Action Complaint
The proposed class action against L’Oreal in California’s Central District is a reminder that anti-aging skin care can be a target for legal challenges, and the plaintiffs’ bar isn’t tired of bringing them.
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The Ninth Circuit will hear arguments from L’Oreal and a plaintiff who alleges the firm’s RevitaLift products are unlawfully marketed drugs, following the case’s dismissal in July on federal preemption grounds. In a neighboring California district, Beiersdorf intends to seek summary judgment in five-year-old litigation of a similar design, concerning Nivea Skin Firming Hydration Body Lotion.
There’s a growing body of scientific evidence linking cannabidiol to benefits of interest to beauty industry players, but if a company’s CBD ingredient differs from the substance studied, that could be grounds for a false-advertising complaint. Venable partner Todd Halpern discusses.
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.