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Preemption Argument In Drug/Cosmetic Dispute Likely Falls Short Of Supreme Court

This article was originally published in The Tan Sheet

Executive Summary

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.

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