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Beiersdorf Moves To Squash Suit Alleging NIVEA Firming Lotion Is An Unapproved Drug

 
• By Ryan Nelson

Plaintiff claims that she and other Californians purchased a NIVEA skin-firming lotion “that, but for Defendant’s illegal conduct, would not have been on the market” due to its alleged unapproved drug status. This is her second amended complaint against Beiersdorf, the first having been dismissed in August 2015.

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Beiersdorf AG’s US division points to communications straight from FDA in its motion to dismiss a proposed class action alleging that a NIVEA “firming” lotion is an unapproved drug in violation of federal and California laws.

The case has notable implications for cosmetic marketers in a legal environment – particularly in California under its Unfair Competition Law (UCL) – where concerns have emerged about states interpreting the Federal Food,

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