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.
Any cosmetics company that claims skin-firming effects – even if the firming is attributed solely to moisturization – could be a litigation target next if momentum continues for plaintiffs in a suit against [Beiersdorf Inc.] in California’s Southern District.
It’s been going on five years and Beiersdorf is still fighting the proposed class action, which casts the German multinational’s...