Alleged ‘Pink Tax’ Class Actions Against OTC Personal-Care Brands Moving Through Federal Courts
Walgreen Co. seeks to dismiss allegations in California’s Northern District that it unlawfully charges more for its OTC Hair Regrowth Treatment for women compared with a “functionally equivalent” offering for men. The suit follows “pink tax” litigation concerning Dove antiperspirants that defendants dismissed in July 2020, a decision affirmed by the Eighth Circuit in May.
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Less than a year after the US FTC put the skids on Edgewell’s intended acquisition of Harry’s, it is intervening to stop P&G from buying women’s razor startup Billie. “If P&G can snuff out Billie’s rapid competitive growth, consumers will likely face higher prices,” FTC leadership says.
Federal law requiring agencies to weigh and document potential environmental impacts of major regulatory actions does not dictate what happens next. Neither does it provide federal agencies with authorities beyond their statutory purviews, FDA/CDER leadership says.
As anticipated, the US FDA’s proposed order for sunscreens released on 24 September creates a bridge to the agency’s 2019 proposed rule before the CARES Act overhauled OTC drug review in March 2020.