The Judicial Panel on Multidistrict Litigation (MDL) was scheduled to consider later this month whether to consolidate for pre-trial proceedings two putative class actions claiming that Avon Products Inc. deceptively markets a line of beauty products as anti-aging. In re Avon Anti-Aging Skincare Cream Mktg. & Sales Practices Litig., MDL No. 2435 (J.P.M.L., scheduling order vacated as moot, March 4, 2013). Because the suit filed in a California federal court was transferred to the Southern District of New York under 28 U.S.C. § 1404, the panel determined that the motion for transfer under § 1407 was moot, and it vacated the MDL hearing session order. One of the named plaintiffs had apparently asked for the cases to be transferred to an MDL court in New York; Avon supported this request because its headquarters and testing laboratories are within that jurisdiction.
Details about a U.S. Food and Drug Administration (FDA) warning letter challenging the legality of Avon claims for its Anew® products appear in the October 25, 2012, issue of this Report. Information about one of the lawsuits that followed the warning appears in the November 8, 2012, issue of this Report.