Here we focus on a recent decision in a class action involving Nivea skin lotion that endorses an untenable expansion of private FDCA enforcement and further greases an already slippery slope. Second, invoke the California Sherman Food, Drug and Cosmetic Law (Sherman Law), which incorporates the FDCA's labeling rules. The only law that Franz can ultimately enforce here through her state-law action is the FDCA. Beiersdorf could not go to California regulators to cure its supposed violation of state law. The same certainly goes for enforcement of the FDCA's requirement that if a product is intended to be used as a drug, FDA must approve it.

Source: Forbes June 06, 2019 12:56 UTC