Latest Posts › Federal Food Drug and Cosmetic Act (FFDCA)

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Up & Up & Out. Structure/Function Claims Preempted by the FDCA

Last week, in a substantial win for the dietary supplement industry, the Ninth Circuit Court of Appeals upheld the Northern District of California’s grant of summary judgment to Target, ruling that state law false advertising...more

Another Slack Fill Preemption Win for the Cosmetics Industry in Critcher v. L’Oreal

In a victory for cosmetics companies everywhere, the Second Circuit has affirmed the dismissal of slack fill allegations claiming that L’Oréal’s pump dispense mechanism for serums, lotions, and liquid makeup prevents...more

Cosmetic or Drug? California Federal Court Refuses to Say.

Despite the lack of a private right of action to enforce the U.S. Federal Food, Drug and Cosmetics Act (“FDCA”), the plaintiffs’ bar continually tries to use the FDCA to support other causes of action, and more often than not...more

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