Growing "Cosmeceutical" Industry Faces Liability

Law360, New York (January 8, 2008, 12:00 AM EST) -- The U.S. Food and Drug Administration, which does not recognize the term “cosmeceutical,” seems content with its current regulation over the rapidly growing industry of anti-aging serums and cellulite-reducing creams, but experts predict that these lucrative products will gain increasing attention from the plaintiffs' bar as the industry grows.

Companies that market so-called cosmeceutical products, which make quasi-medical claims while fitting the FDA’s definition of cosmetics, have pushed the boundaries between drugs and cosmetics since the dawn of dandruff shampoo and whitening toothpaste.

But with the...
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