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.