Nivea Maker Says No Evidence Showing Lotion Is A Drug

Law360, New York (October 25, 2016, 3:22 PM EDT) -- The personal-care company that makes Nivea fought back in California federal court on Monday at a proposed class action alleging its skin-firming lotion is an unapproved drug, saying that theory has no basis in reality.

Connecticut-based Beiersdorf Inc. said plaintiff Ashley Franz never disputes Nivea's lotion is a cosmetic product, and her claim that it is also a drug is not reflective of the U.S. Food and Drug Administration latest regulations, which state that products that smooth fine lines and surface wrinkles are cosmetics and those that treat acne, remove scars and lighten discoloration are drugs.

"It is clear that the FDA's interpretation of...

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