Dr. Albert Kligman, the dermatologist who invented the widely used acne medicine Retin-A, is credited with coining the term “cosmeceutical,” a term that consumers and the media use to refer to cosmetic products that claim to have medicinal or drug-like benefits. Cosmeceuticals are reported to be the fastest growing segment of the personal care industry. Not surprisingly, this trend has caught the attention of the plaintiffs’ bar, which has recently seized on a new theory in class action litigation: that cosmeceuticals are, in fact, drugs that cannot be sold without an approved New Drug Application (NDA).
This article originally appeared on InsideCounsel on July 15, 2015.
