Engel v. Neutrogena Corp.
This case concerns claims that Neutrogena violated California consumer-protection laws by labeling its sunscreen products “waterproof,” “sweatproof,” and “sunblock,” when they were not impervious to water and sweat and did not block all of the sun’s rays. The California court of appeal held that the claims are preempted under 21 U.S.C. § 379r(a)(2), which preempts state requirements that are “different from or in addition to, or that [are] otherwise not identical with” federal law. The plaintiff petitioned the Supreme Court of California to review the case, and we filed an amicus letter in support of the petition for review.