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

Executive Summary

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.

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