United States Ninth Circuit

In an action alleging that false or misleading product labels duped consumers seeking natural cosmetics into purchasing products that were chock-full of artificial and synthetic ingredients, the district court's dismissal of the case is reversed and remanded where: 1) the district court properly invoked the primary jurisdiction doctrine but it erred by dismissing the case rather than issuing a stay pending the potential agency action by the Food and Drug Administration; and 2) the Food, Drug, and Cosmetic Act, 21 U.S.C. section 301 et seq. (FDCA), does not expressly preempt California's state law causes of action that create consumer remedies for false or misleading cosmetic labels.

Appellate Information

• Decided 04/10/2015
• Published 04/10/2015

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel