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In Brief

This article was originally published in The Rose Sheet

Executive Summary

Latisse maker Allergan prevails in California district court over cosmetic eyelash-enhancement marketer Athena Cosmetics, which has been enjoined from selling RevitaLash in the U.S. More news in brief.

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The Supreme Court asks the Solicitor General for an amicus in a case examining whether FDA regulation pre-empts state litigation on the cosmetics/drugs regulatory divide. The case could have implications for the personal care industry as states increasingly claim oversight by clarifying FDA’s division between drugs and cosmetics.

Supreme Court Asked To Consider Pre-emption In Drug Vs. Cosmetic Litigation

The Supreme Court asks the Solicitor General for an amicus in a case examining whether FDA regulation pre-empts state litigation on the cosmetics/drugs regulatory divide. The case could have implications for the personal care industry as states increasingly claim oversight by clarifying FDA’s division between drugs and cosmetics.

Supreme Court May Hear Cosmetics Case Exploring Federal Preemption

The United States Solicitor General is expected to file a brief early in 2015 on a case examining if the Federal Food, Drug and Cosmetic Act preempts an unfair competition claim in California pertaining to the cosmetics/drugs regulatory divide. The case, Athena Cosmetics vs. Allergan, could be heard by the Supreme Court and bring attention to the way cosmetics are defined and regulated under federal law.

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