July 18, 2022. United States District Judge James Donato for the Northern District of California denied Grande Cosmetics’ motion to dismiss Plaintiff Alexandra Mandel’s suit against the cosmetics company. Ms. Mandel alleges that Grande Cosmetics did not adequately disclose to consumers that its products contain isopropyl cloprostenate (“IC”), which is said to be associated with serious side-effects.
The cosmetics’ manufacturer’s motion to dismiss centered on federal law pre-empting state law, or the Federal Drug and Cosmetics Act (FDCA) superseding the California Sherman Food, Drug, and Cosmetics Law. The court noted that in a related case, the Federal Circuit concluded that the FDCA did not pre-empt California’s Sherman Law, both laws have parallel provisions, and the Supreme Court “acknowledged ‘the historic primacy of state regulation of matters of health and safety.’”
The case is Alexandra Mandel v. Grande Cosmetics, LLC, Case No.: 22-cv-00071-JD in the United States District Court for the Northern District of California.