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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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.
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.
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.