A California appeals court affirms that sunscreen labeling falls within the purview of FDA, rejecting plaintiff allegations that J&J/Neutrogena sunscreen labeling – fully compliant with federal regulations – is potentially misleading nonetheless in violation of California law.
Sunscreen labeling with SPF values above 50 does not constitute false advertising under California law, a state appellate court says, echoing lower-court decisions that agreed with Johnson & Johnson that federal regulations preempt such claims.
The California Court of Appeal for the Second District considered similar complaints alleging misleading Neutrogena sunscreen labeling from two plaintiffs
After National Advertising Division attorneys, in a review prompted by a challenge by Band-Aid line marketer Kenvue, recommended ASO LLV cease use of its “up to 2x faster healing” claim, they determined the firm had not fully complied.
In complaint and response to motion to dismiss, Rebecca Kelly Slaughter’s and Alvaro Bedoya’s attorneys elaborate on Supreme Court ‘s 1935 decision, Humphrey’s Executor v. US. Administration attorneys, though, contend the ruling isn’t relevant to the current FTC.
British company Unilever PLC expands its Clear anti-dandruff collection with a five-product range that targets scalp concerns including oiliness, dandruff and sensitivity.
