New Litigation Risks Possible From Pending Allergan V. Athena Case

Lower court decisions identifying Athena Cosmetics, Inc.'s RevitaLash products as unapproved drugs that compete unfairly against Allergan's Latisse drug could have broader legal implications for the cosmetics industry if the Supreme Court denies the firm's request for review. Already beleaguered by false-advertising class actions on the tails of FDA warning letters, firms could be at further risk of being hit with opportunistic lawsuits if it's left to federal courts to determine products' intended use and regulatory status.

Cosmetic firms already are at risk of being sued following an FDA warning letter for overreaching product claims, but a pending decision from the U.S. Supreme Court could incentivize litigation against companies even in instances where FDA has been silent regarding their marketing.

Athena Cosmetics, Inc. awaits the Supreme Court's decision on its request for a hearing following lower court rulings that determined...

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FTC Consumer Privacy Policy Driven By ‘Straw Man’ Arguments – Commissioner Holyoak

 

The US FTC’s contention that ‘notice and choice’ has failed as the cornerstone of consumer privacy regulation and must be abandoned in favor of data minimization and other more stringent measures does not adequately account for the complexity of business practices and consumer behavior, FTC commissioner Melissa Holyoak asserted at the NAD’s 2024 Annual Conference.

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Final Chance To Have Your Say: Take Our Reader Survey This Week

 
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Editor’s note: This is your final call to participate in the survey to better understand our subscribers’ content and delivery needs. The deadline is 20 September.

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New US FDA Chief Counsel More Familiar With Trump World Than Food and Drug Law

 

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Industry Pleased To See Self-Care In Revised English Children’s Education Policy

 
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Children and young adults will in future learn more about responsible self-care, including when it is appropriate to see a pharmacist, specific instructions for dental health and information about health risks associated with smoking, vaping, and other nicotine products such as nicotine pouches.