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Beiersdorf Wants Nivea ‘Unapproved Drug’ Suit Off Its Back Once And For All; L’Oreal Likely Watching

Executive Summary

A proposed class action alleging that Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed structure/function-changing drug was dismissed in 2017, only to be resuscitated by a Ninth Circuit reversal in December 2018. Beiersdorf is trying to get the suit tossed again, which would be of some assurance to L’Oreal, now facing similar litigation.

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