Nivea Maker Beats Claims Lotion Was An Unapproved Drug

Law360 (April 17, 2020, 4:35 PM EDT) -- A California federal judge tossed the remaining claims in a six-year-old proposed class action claiming that one of Nivea's body lotions was a drug that was improperly sold without government approval.

U.S. District Judge Larry Alan Burns granted Beiersdorf Inc.'s bid for summary judgment Wednesday, rejecting consumer Stacie Somers' claim that the sale of the lotion is unlawful under California's Unfair Competition Law because the lotion is a "drug" without the approval of the U.S. Food and Drug Administration.

Judge Burns agreed with the skin care company's argument that Somers' claim is preempted by the U.S. Federal Food, Drug and Cosmetics...

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