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

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.

That's assuming that the federal court's April 4 order holds up on appeal in the US Ninth Circuit

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