Franz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STACIE SOMERS, individually and on CASE NO. 14cv2241-LAB (AGS) behalf of others similarly situated,

ORDER GRANTING MOTION FOR

Plaintiff, SUMMARY JUDGMENT [Dkt. 103] vs. BEIERSDORF, INC., a Delaware corporation, 15 Defendant.

Four years ago, Plaintiff Stacie Somers purchased a twin-pack of Nivea CoQ10 Lotion online. Three motions to dismiss and one appeal later, Somers is left with a single claim: that Defendant Beiersdorf’s sale of the lotion was “unlawful” under California’s Unfair Competition Law (“UCL”) because the lotion is a “drug” sold without the approval of the Food and Drug Administration (“FDA”). Beiersdorf now moves for summary judgment, arguing that the Federal Food, Drug and Cosmetics Act (“FDCA”) preempts Plaintiff’s state-law claim. In the alternative, Beiersdorf urges the Court to find that (as a matter of law) the lotion is a cosmetic, not a drug. The Court agrees with Beiersdorf that Plaintiff’s claims are preempted under the FDCA and…