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Latest From Lifetech Resources LLC

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.

Consumer United States

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.

Consumer United States

Supreme Court Review Of Athena Cosmetics Case, Federal Preemption Argument Unlikely

Federal food and drug law does not impliedly preempt Allergan's suit against Athena Cosmetics alleging that the defendant's RevitaLash products compete unfairly against the drug firm's Latisse treatment in California, according to a brief filed by Solicitor General Donald Verrilli with the Supreme Court. Athena has argued that the absence of FDA action against its eyelash enhancers signals that their cosmetic positioning is lawful, but Verrilli disagrees, maintaining that such litigation can supplement rather than conflict with FDA regulation.

Tennessee AG Settles With Cosmetic Lash-Enhancer Brands; Sales Cease

Two cosmetics companies have settled charges filed by Tennessee’s Office of the Attorney General concerning eyelash-enhancement products that require FDA approval, according to the AG’s release. Tennesseans will no longer have access to Nutra Luxe’s Beautylash products or Peter Thomas Roth’s Lashes to Die For as a result of the agreement.

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