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Appeals Court To Hear Suit Alleging Nivea Lotion Is Unlawfully Marketed Drug

 
• By Ryan Nelson

Beiersdorf's Nivea Skin Firming Hydration Body Lotion is an unapproved drug based on the brand's skin-tightening claims, according to a plaintiff who says she should not have spent money on a product that is on the market illegally. A California district court dismissed the suit April 4, but the plaintiff is appealing.

The dismissal of a proposed class action targeting NIVEA owner Beiersdorf AG in California's Southern District should help to discourage suits against cosmetic skin-care brands based on plaintiffs' interpretations of FDA's "drug" definition and marketing requirements.

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More from Legal

Estee Lauder Faces Securities Fraud Suit After District Court Denies Motion To Dismiss

 
• By Eileen Francis

A federal judge in the Southern District of New York denied Estee Lauder’s motion to dismiss a securities fraud lawsuit filed by shareholders who said the company concealed its reliance on a gray market retail revenue stream, which ultimately caused sales and the stock price to plunge.

Uncertainty Abounds With SEC Climate Reporting Rule Tied Up In Courts

 
• By Lauren Nardella

Despite questions surrounding the SEC rule, including disputes being litigated in the US Eighth Circuit, companies must prepare to meet the new climate disclosure requirements in addition to related mandates in California and abroad. Experts emphasize opportunities beyond compliance.

In Emergency Rule, California Bans All THCs In Hemp Products: Industry Asks, Where’s The Fire?

 
• By Malcolm Spicer

California authorities say predominance of retailers licensed to sell hemp are compliant with ban published effective on 3 October through emergency regulation. But hemp industry’s contesting the regulation in state court, arguing state authorities inappropriately used emergency action to change state law on hemp products legislature passed in 2021.

J&J Sued For ‘Plant-Based’ Claims On Aveeno, Neutrogena Makeup Removing Wipes

 
• By Ryan Nelson

Plaintiffs in California federal courts seek restitution, damages, and other relief on behalf of themselves and consumers nationwide, whom allegedly were deceived by “Plant-Based” representations on Aveeno and Neutrogena Makeup Removing Wipes.

More from Policy & Regulation

US FDA Layoffs Expected To Have Ripple Effect On Cosmetics Office Functions

 
• By Lauren Nardella

Functions supporting the US Food and Drug Administration’s Office of Cosmetics and Colors have been impacted by the reduction-in-force.

European Commission’s Omnibus VII Bans Two Nail Care Ingredients Starting In September

 
• By Eileen Francis

Two nail care ingredients included in the European Commission’s Omnibus VII, which includes about two dozen ingredients overall, are banned in Europe in September.

Cosmetics Europe Argues Against Potential Ban Of Common Fragrance, Cosmetic Ingredient Ethanol

 
• By Eileen Francis

Cosmetics Europe is working to obtain derogations for three fragrance and/or cosmetic substances that may be categorized as carcinogenic, mutagenic or reprotoxic, which could result in a ban of their use under the Cosmetic Products Regulation.