Neutrogena Sunblock Label Suit Not Preempted, Judge Says
Law360, New York (January 8, 2014, 7:35 PM EST) -- A California judge on Wednesday rejected Neutrogena Corp.'s preemption argument in a class action over allegedly misleading "naturally sourced" labeling on sunscreen, ruling that false advertising claims under the laws of three states do not clash with federal regulations.
U.S. District Judge Stephen V. Wilson said that Neutrogena would not be subject to conflicting state and federal cosmetic labeling requirements if it were found liable for misleading consumers about the synthetic ingredients in its Pure & Free line of sunscreen products.
Quoting from the U.S. Supreme Court's Riegel v. Medtronic ruling, the judge determined that a successful claim would require Neutrogena...
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