Plaintiff Claims Against Beiersdorf For ‘Unlawfully Marketed Drug’ Are Preempted By FDCA, Court Rules

After five and a half years, three dismissal motions and one appeal, Beiersdorf’s prevailed on 15 April by summary judgment in a proposed class action alleging that its Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed drug. Of course, the plaintiff still could appeal.