Seizure Of Cosmetic Signals New Enforcement Trend

Law360, New York (February 22, 2008, 12:00 AM EST) -- The Jan. 7, 2008, issue of Health Law360 contained an article, entitled Jan Marini Discontinues Second Eyelash Product, that noted the Food and Drug Administration’s November 2007 seizure of a cosmetic, “Age Intervention Eyelash.”

This seizure is one in a series of recent FDA enforcement actions against cosmetic and dietary supplement companies that classify products as unlawfully marketed “drugs” based on their use of ingredients that are also used in prescription drugs.

This trend is important and interesting because it marks a tactical change from FDA...
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