United States v. Cartoned Bottles

(dissenting) :

The Court today holds that a cosmetic which is not in fact a “drug” must nevertheless be classified as such because of the vendor’s use in its labelling and advertising of two phrases deemed to carry “physiological connotations.” I find myself unable to go along with this view.

“Sudden Change” recognizes that wrinkles are but the irreparable footprints of time, and that they may be temporarily softened or masked, but not obliterated. The product does not enter the tissue, cells, or molecular structure of the skin, or work any physiological changes in the body. It merely alters…