United States Federal Circuit
Allergan, Inc. v. Athena Cosmetics, Inc., 13-1286
Summary judgment holding that defendant violated California's unfair competition law (UCL) by marketing, distributing and selling, without regulatory approval, products that affect eyelash growth, that qualify as drugs, and a nationwide injunction, are: 1) affirmed in part, where the Federal Food, Drug, and Cosmetic Act (FDCA) does not preempt plaintiff's UCL claim, and there is no genuine dispute that the products at issue are drugs under California law; but 2) vacated in part and remanded, where the district court abused its discretion by entering an overbroad injunction.
Appellate Information
- Decided 12/30/2013
- Published 12/30/2013
Judges
- MOORE
Court
- United States Federal Circuit