Plaintiff Claims Against Beiersdorf For ‘Unlawfully Marketed Drug’ Are Preempted By FDCA, Court Rules
After five and a half years, three dismissal motions and one appeal, Beiersdorf’s prevailed on 15 April by summary judgment in a proposed class action alleging that its Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed drug. Of course, the plaintiff still could appeal.
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Making Cosmetics Reform Beneficial For All; Former FDA Cosmetics Director Yearns For ‘Serious Sit-Down’
Federal legislative reform is an historic opportunity not only to strengthen the US FDA’s oversight of the cosmetics sector, but also to modernize the industry and its value proposition to consumers. John Bailey, independent advisor for cosmetics and colors at EAS Consulting Group, is confident there’s a way to do all, but "serious" stakeholder negotiations are needed.
In HBW Insight’s conversations with industry advocates about legislation in the US Senate to reform US cosmetics regulations, frustrations with the process have been palpable. Stakeholders suggest that science and proportionality are taking back seats to politics and that concerns about costs to industry, which ultimately could be passed on to consumers, are not being taken seriously enough.
Even in the “highly unlikely event” that the FDA does make CBD supplements legal, it will not do so retroactively, according to plaintiffs against CV Sciences in California’s Central District. However, the federal court, which also is hearing a similar case against competitor Charlotte’s Web, is not convinced.