The long legal battle between pharmaceutical firm Allergan Inc. and [Athena Cosmetics Inc.] could be coming to a head, as what began as a patent dispute between the competing eyelash-enhancement marketers may now have the Supreme Court deciding whether drug/cosmetic debates are a matter of state or federal authority.
Athena has petitioned the Supreme Court to review a lower court’s decision that its RevitaLash eyelash-enhancement formulas are drugs as defined by the Federal Food, Drug and Cosmetic Act, and therefore, under California law, compete