ColourPop Suit Challenging Unapproved Colorants In Eye Makeup Goes To Ninth Circuit
Executive Summary
“The Court can’t make a decision the FDA itself did not make,” wrote US district judge Trina Thompson in her 7 September order dismissing plaintiff Kacey Wilson’s second amended complaint against ColourPop. At issue is the company’s use of color additives in eye makeup products that the US FDA has not approved for eye-area use, but also has not determined are likely to cause injuries, according to the court.