Allergan Rivals' Eyelash Treatments Are Drugs, Court Rules

Law360, New York (December 21, 2012, 3:52 PM EST) -- A California federal judge on Thursday granted summary judgment to Allergan Inc. on unfair competition claims over the alleged marketing of copycat versions of its eyelash treatment Latisse, ruling the rival companies' products should be considered drugs.

In a pair of orders, the court found that Lifetech Resources LLC’s NeuLash and RapidLash and Cosmetic Alechemy LLC’s LiLash are drugs because they are intended not as instantly effective cosmetics, but as treatments meant to grow eyelashes over time. As a result, the products are competitors of Allergan’s U.S. Food and Drug Administration-approved Latisse eyelash growth drug and therefore violate California’s Unfair Competition...

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