THE WHAT? A case seeking to reclassify a Nivea Firming Body Lotion as a drug has been dismissed by a ninth circuit judge, according to a report published by JD Supra.
THE DETAILS The plaintiff charged the Beiersdorf-manufactured product with ‘affecting the structure or function of the skin’, and therefore argued that it should rightly be classified as a drug under the Federal Food, Drug and Cosmetic Act.
However, although Beiersdorf’s motion to dismiss on the grounds that the plaintiff had failed to prove that the product was a drug was denied, the German manufacturer did succeed in getting the case thrown out.
THE WHY? The FDA has the sole authority to police violations of the FDCA and therefore the case could not proceed as it fell foul of the ban on private enforcement actions.