California Federal Court: Products That Firm Skin Via Moisturization Could Be Unapproved Drugs

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.

Skin Hydration

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...

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