HBW Insight is part of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By

UsernamePublicRestriction
UsernamePublicRestriction

Plaintiff Claims Against Beiersdorf For ‘Unlawfully Marketed Drug’ Are Preempted By FDCA, Court Rules

Executive Summary

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.

You may also be interested in...



Beiersdorf’s Long Court Battle Over Nivea ‘Drug’ Claims May Be Ending; In Similar Case, L’Oreal May Settle

The Beiersdorf and L’Oreal cases, both pending in California federal courts, have important implications for the cosmetics industry and its use of benefit claims that test statutory boundaries between unapproved drug products and cosmetics.

Anti-Aging Cosmetics Or Unlawfully Marketed Drugs? Two Federal Court Cases To Watch

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.

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.

Related Content

Topics

UsernamePublicRestriction

Register

GB150348

Ask The Analyst

Please Note: You can also Click below Link for Ask the Analyst
Ask The Analyst

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts

Cancel