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

 
• By Ryan Nelson

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.

Gavel

The US Food, Drug and Cosmetic Act impliedly preempts allegations that [Beiersdorf Inc.]’s Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed drug, according to a California federal court order granting Beiersdorf's plea for summary judgment.

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• By Eileen Francis

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More from North America

Washington State TFCA Violators Likely To Face Conversation Before Penalties – DOE

 
• By Eileen Francis

The Washington State Department of Ecology will try to work with companies that violate the Toxic Free Cosmetics Act, rather than reflexively imposing the $5,000-per-violation fine for first-time offenders, says the law’s implementation planner. She noted financial assistance is available for small businesses, as well as incentives for companies adopting measures “beyond compliance.”

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• By Derrick Gingery

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• By Malcolm Spicer

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