Personal Care Products In Court: Clinique May Settle Probiotic Suit; ‘99.99% Of Germs’ Sanitizer Update
The latest on proposed false-advertising class actions targeting Clinique Laboratories for probiotic representations and leading hand sanitizer manufacturers for “kills 99.99% of germs” claims.
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The American Cleaning Institute is preparing to submit a healthcare personnel hand wash study to the US FDA pending confidentiality discussions, along with results from a literature review on the topic of antimicrobial resistance. A progress report is due to the agency in October, which could stave off an administrative order under the reformed OTC drug review system.
The false advertising case in New York federal court is one to watch for any cosmetics company using probiotic claims. Are consumers of “probiotic”-containing cosmetics getting what they reasonably expect?
The US FDA has primary jurisdiction over labeling claims on OTC consumer antiseptic rubs, and state false advertising claims lodged by the plaintiff are preempted by federal law, Edgewell Personal Care argues in its motion to dismiss a proposed class action in California federal court regarding Wet Ones germ-killing claims.