Supreme Court Turns Down Athena v. Allergan; 'Torrent' Of Suits To Come?
This article was originally published in The Rose Sheet
Executive Summary
Following the recommendation of Solicitor General Donald Verrilli, the Supreme Court has declined to review Allergan v. Athena Cosmetics, a case examining if the Federal Food, Drug and Cosmetic Act preempts an unfair competition claim in California characterizing Athena's RevitaLash products as unapproved drugs. Athena predicts a "torrent of novel and disruptive litigation" could ensue.
You may also be interested in...
CIR Expert Panel’s Prostaglandin Review: Uncertainties Persist Around ‘Eye Makeup’ Ingredients
Cosmetic Ingredient Review’s expert panel issued an insufficient data announcement for two prostaglandin analogs at its June meeting in Washington. The group is reviewing the substances – related to the active ingredient in Allergan’s prescription drug Latisse for eyelash growth – after the US FDA indicated that they could be used lawfully in cosmetic products.
Expand Federal Pre-emption In Supplement Claims Complaints? Not So Fast, Says Ninth Circuit
The ruling reverses district court’s dismissal of class action against CVS after determining the lower court erred in determining federal law pre-empted the consumer plaintiff’s state-law causes of action. It says while consumers are prohibited under California law from arguing that a product doesn’t provide a benefit that isn’t claimed, plaintiffs can demand substantiation for claims that are made.
RevitaLash Moves North Of Brow With New Hair-Care Line; More Cosmetic Launches
Athena Cosmetics’ new RevitaLash hair-care line includes Hair Volume Enhancing Foam, made with the same BioPeptin Complex that replaced a prostaglandin in the company’s original RevitaLash Advanced Eyelash Conditioner. More cosmetic launch news in brief.