Beiersdorf’s Long Court Battle Over Nivea ‘Drug’ Claims May Be Ending; In Similar Case, L’Oreal May Settle

 
• By Ryan Nelson

The Beiersdorf and L’Oreal cases, both pending in California federal courts, have important implications for the cosmetics industry and its use of benefit claims that test statutory boundaries between unapproved drug products and cosmetics.

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[L'Oreal USA Inc.] and plaintiff Nataliya Borchenko have reached a tentative settlement in a case alleging that L’Oreal Paris RevitaLift products are unlawfully marketed drugs, based on anti-wrinkle, lifting and firming claims used on product labeling.

Borchenko filed the complaint in California’s Central District in February 2019, claiming violation of the state’s Unfair Competition Law, which borrows violations of other laws, state or

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