Plaintiff Digs Deep In Almay Archives For ‘Hypoallergic’ Fraud Evidence

In the absence of FDA regulations, federal courts generally are weighing hypoallergenic false-advertising arguments against the “reasonable consumer” standard, with varying results. However, Almay may have provided a more substantive basis for assessing the truthfulness of its hypoallergenic claims via a letter to FDA on the subject – albeit one from 1973.