Supreme Court Asked To Consider Pre-emption In Drug Vs. Cosmetic Litigation
This article was originally published in The Tan Sheet
Executive Summary
The Supreme Court asks the Solicitor General for an amicus in a case examining whether FDA regulation pre-empts state litigation on the cosmetics/drugs regulatory divide. The case could have implications for the personal care industry as states increasingly claim oversight by clarifying FDA’s division between drugs and cosmetics.
You may also be interested in...
Preemption Argument In Drug/Cosmetic Dispute Likely Falls Short Of Supreme Court
Federal law does not preempt Allergan's suit alleging Athena Cosmetics' RevitaLash competes unfairly against the drug firm's Latisse treatment in California, according to a Supreme Court brief filed by Solicitor General Donald Verrilli. Athena argues the absence of FDA action against its eyelash enhancers signals that its cosmetic positioning is lawful.
Preemption Argument In Drug/Cosmetic Dispute Likely Falls Short Of Supreme Court
Federal law does not preempt Allergan's suit alleging Athena Cosmetics' RevitaLash competes unfairly against the drug firm's Latisse treatment in California, according to a Supreme Court brief filed by Solicitor General Donald Verrilli. Athena argues the absence of FDA action against its eyelash enhancers signals that its cosmetic positioning is lawful.
Industry Roundup: Nutrilite, No-GMO Similac, Supreme Court, Herbalife VPs
Nutrilite ingredient granulation expands; GMO-free Similac debuts; Herbalife adds corporate VPs; Supreme Court likely not taking cosmetics preemption case; OTC device claim nixed in U.K.; and more news in brief.