Facts

Stacy Stomer was a consumer of Beiersdorf Inc.'s Nivea CoQ10 Lotion and purchased a twin pack from Amazon.com. The lotion bottles bore advertisements claiming to firm, tighten, and hydrate the skin. Stacy eventually filed a class action lawsuit as a representative to contest the lotion's fitness for sale without FDA approval.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the lotion classified as a drug because its labeling suggests the lotion is intended to affect the structure of the body and thus required FDA approval for sale.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions and contended that plaintiff's claims were preempted by the Food, Drug, and Cosmetic Act. Assuming that the claim was not preemted, defendant alternatively contended that the claims failed as a matter of law because the lotion was intended to be used as a cosmetic product under the UCL, not a drug requiring FDA approval.

Result

The court held that the claim was preempted and granted defendant's motion for summary judgment.