Court deems RevitaLash eyelash conditioner to be a drug

Published: 20-Jul-2012

Athena Cosmetics disagrees with the ruling

A district court in California has ruled that Athena Cosmetics’ RevitaLash Advanced Eyelash Conditioner is a drug and not a cosmetic. The decision was made by the district court judge in a civil lawsuit filed by Allergan, manufacturer of Latisse, a prescription treatment for eyelash hypotrichosis. As a drug, the product will need to have FDA approval before it can be sold.

Athena said it disagreed with the ruling and intended to “vigorously pursue its legal options”.

It added: “Despite the Court’s ruling, Athena is confident that all RevitaLash products are safe and lawful cosmetics. However, out of an abundance of caution, Athena has suspended domestic sales of RevitaLash Advanced Eyelash Conditioner until further notice. All other RevitaLash products remain available for purchase.”

Allergan is currently the only FDA-approved manufacturer of a prostaglandin product for the stimulation of hair growth in the US. The case has been ongoing since 2007 when Allergan filed a suit against Athena Cosmetics and a number of other companies, alleging that they had infringed its patented treatment for eyelash growth and violated California’s unfair competition laws.

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