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Beiersdorf Wants Nivea ‘Unapproved Drug’ Suit Off Its Back Once And For All; L’Oreal Likely Watching

 
• By Ryan Nelson

A proposed class action alleging that Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed structure/function-changing drug was dismissed in 2017, only to be resuscitated by a Ninth Circuit reversal in December 2018. Beiersdorf is trying to get the suit tossed again, which would be of some assurance to L’Oreal, now facing similar litigation.

Monkey On Back

Beiersdorf AG’s third motion to dismiss litigation alleging that Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed drug will be heard in California’s Southern District April 8.

Oral argument will center on Beiersdorf’s contention that plaintiff Ashely Franz has failed to state a claim for which relief can be granted, even

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