Tenn. AG announces settlement with cosmetics manufacturer

By Bryan Cohen | Aug 15, 2013

NASHVILLE, Tenn. (Legal Newsline) - Tennessee Attorney General Robert Cooper announced a settlement Wednesday with a cosmetics manufacturer that allegedly marketed and sold a product without U.S. Food and Drug Administration approval.

Peter Thomas Roth LLC manufactures eyelash products such as Lashes to Die For, Brows to Die For and Lashes to Die For Platinum. The products were sold and marketed in Tennessee as products meant to grow longer, thicker eyelashes at Sephora stores or via Amazon.com. Cooper's office alleged the ability of the products to grow eyelashes resulted from the use of an analog or derivative of the drug compound prostaglandin.

Cooper's lawsuit alleged Peter Thomas Roth violated state law by not obtaining FDA approval or making certain disclosures to consumers before marketing and selling a product with a prostaglandin analog or derivative.

Under the terms of the agreement, Peter Thomas Roth voluntarily agreed to stop selling the eyelash products and similar products in the state without first obtaining FDA approval.

"Although there were no complaints from Tennesseans, we are satisfied the company agreed to stop sales and comply with the law before anyone could be harmed," Cooper said.

Peter Thomas Roth denied wrongdoing as part of the agreement,

In February, Cooper's office entered into a similar settlement with Nutra-luxe LLC regarding the company's eyelash product Beautylash. Under the terms of the agreement, Nutra-luxe stopped selling the product in Tennessee.

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