Beiersdorf Wants Nivea ‘Unapproved Drug’ Suit Off Its Back Once And For All; L’Oreal Likely Watching
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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The Ninth Circuit will hear arguments from L’Oreal and a plaintiff who alleges the firm’s RevitaLift products are unlawfully marketed drugs, following the case’s dismissal in July on federal preemption grounds. In a neighboring California district, Beiersdorf intends to seek summary judgment in five-year-old litigation of a similar design, concerning Nivea Skin Firming Hydration Body Lotion.
Plaintiff Ashley Franz’s claim that Beiersdorf’s Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed drug clears the “relatively low bar of plausibility,” a California federal court determined May 21, denying the firm’s latest bid for dismissal. However, the court intriguingly suggests a motion for summary judgment could be “appropriate” before addressing class certification.
The UK-based Advertising Standards Authority rejects a complainant’s contention that Beiersdorf’s TV ad seen in January misleadingly compared a Nivea Q10 product to a cosmetic procedure.