Section 201.327 - Over-the-counter sunscreen drug products; required labeling based on effectiveness testing

1 Citing brief

  1. Dapeer v. Neutrogena Corp.

    MOTION to Dismiss 1 Complaint and Incorporated Memorandum of Law

    Filed August 15, 2014

    Plaintiff does not, nor could he, allege that any Product fails to accurately display its SPF value per the FDA’s testing regulations. See 21 Case 1:14-cv-22113-MGC Document 21 Entered on FLSD Docket 08/15/2014 Page 19 of 28 -13- C.F.R. § 201.327(a)(l). Instead, Plaintiff claims that any SPF values above 50 are “misleading,” and that Neutrogena “deceptively labeled, advertised, and marketed its Neutrogena High SPF Sunscreens as providing superior sun protection than less expensive lower SPF sunscreen products,” despite their compliance with the Final Rule’s testing and labeling requirements.