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CRITCHER v. L'OREAL USA, INC.

No. 19-2474-cv August Term 2019.

959 F.3d 31 (2020)

Mary Tullie CRITCHER, Twoana Clark-Sheppard, Victoria Marynovsky, Patricia Belbot, Jessica Petrie, Linda Feiges, Sarah McQueary, Georgette C. Fournier, Individually and on Behalf Of Other Similarly Situated Persons, Plaintiffs-Appellants, v. L'OREAL USA, INC., Defendant-Appellee, ATC Associates, Inc., ATC Group Services, LLC, Defendant.

United States Court of Appeals, Second Circuit.

Decided: May 11, 2020.

Attorney(s) appearing for the Case

Laurence D. King , Matthew B. George , Kaplan Fox & Kilsheimer LLP, San Francisco, CA, for Plaintiffs-Appellants.

Peter George Siachos , Gordon, Rees, Scully, Mansukhani, LLP, New York, NY, for Defendant-Appellee.

Before: Kearse, Cabranes, and Park, Circuit Judges.

The question presented is whether the state-law claims at issue in this action are completely preempted by federal law, in particular, the federal Food Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. ("FDCA").

Defendant L'Oréal USA, Inc. ("L'Oréal") is a major producer of beauty...

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