Consumers Says Nivea Can't Slip Out Of Lotion Suit

Law360, New York (November 22, 2016, 3:28 PM EST) -- A consumer suing the personal care company that makes Nivea hit back at the company’s bid to toss a proposed class action alleging that its skin-firming lotion is an unapproved drug, saying that the dismissal request relies on questions that can’t yet be decided.

Lotion buyer Ashley Franz said that Nivea Skin Firming Hydration Body Lotion with CoQ10 Plus claimed to firm skin, which makes it a drug under U.S. Food and Drug Administration regulations. But Franz said that the company never filed a New Drug Application to receive approval for the product.

Connecticut-based Beiersdorf Inc. moved to dismiss the suit last...

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