Mandel

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALEXANDRA MANDEL, Case No. 22-cv-00071-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v.

GRANDE COSMETICS, LLC, Defendant.

12 Plaintiff Alexandra Mandel alleges that defendant Grande Cosmetics did not adequately disclose to consumers that its GrandeLASH-MD, GrandeBROW, and GrandeHAIR products contain the active ingredient isopropyl cloprostenate (“IC”), which is a prostaglandin analog said to be associated with serious side effects. See Dkt. No. 1 ¶¶ 1-2, 13-14. Grande Cosmetics has asked to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1) on preemption and other grounds. Dkt. No. 17. Its main contention is that the Federal Drug and Cosmetics Act (FDCA) pre-empts the claim under the California Sherman Food, Drug, and Cosmetics Law, Cal. Health & Safety Code § 111550, and the dependent UCL and false advertising claims. The parties’ familiarity with the record is assumed, and the motion is denied. There is a presumption against…