Athena Cosmetics, Inc. Disagrees With Court Ruling

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Company Intends to Appeal Decision and Pursue Its Right to Resume Sales of Its Popular RevitaLash® Advanced Eyelash Conditioner

On March 7 a district court judge enjoined Athena Cosmetics, Inc. from marketing or selling its RevitaLash® Advanced Eyelash Conditioner in the United States. International marketing and sales are not affected by this ruling.
Athena Cosmetics, Inc., maker of RevitaLash® Advanced Eyelash Conditioner, strongly disagrees with the ruling. While Athena will fully comply with the ruling, it intends promptly to appeal this ruling to the U.S. Court of Appeals for the Federal Circuit.

The ruling came as part of a civil lawsuit brought by Allergan Inc., maker of Latisse®. The Court ruling was based upon Allergan’s claim of unfair competition in the marketplace related to Athena’s popular cosmetic product, RevitaLash® Advanced Eyelash Conditioner.

Of great importance to Athena and for its customers, the Court made no finding that Athena’s RevitaLash® Advanced Eyelash Conditioner is unsafe. Rather, in a previous ruling the Court had found that RevitaLash® Advanced was sold in violation of California’s unfair competition law based on the way Athena labeled, advertised and marketed the product.

There are hundreds of thousands of people around the world who have safely used and enjoyed the cosmetic benefits of RevitaLash® Advanced Eyelash Conditioner. Based upon safety testing, as well as consumer experience, Athena affirms its long-standing safety record and belief that its RevitaLash® Advanced product is safe.

During the appeal process, Athena will continue to legally sell its other cosmetic products, which are not subject to the Court’s ruling. These products include, RevitaBrow® Advanced Eyebrow Conditioner, Hair Advanced by RevitaLash®, NouricheTM Eyelash Conditioner, Volumizing Mascara, Volumizing Primer, Raven 12 Hour Eyeliner, Spotlight Highlighting Pencil, and FineLine Primer. All Athena products are cosmetic products intended strictly to improve the appearance and beauty of the consumer’s eyelashes, eyebrows, and hair. All products should be used as directed and only for their intended purpose.

About Athena Cosmetics, Inc.
Athena Cosmetics, Inc. was established in November 2006. RevitaLash® Advanced Eyelash Conditioner, the company’s signature product, has received an overwhelmingly positive response from happy customers around the world. RevitaLash® products can be found in more than 10,000 premium spas, salons and specialty retailers across the country and in more than 45 countries around the world.

Reference: U.S. District Court, Central Division of California (1) SACV 07-1316 JVS (2) SACV 08-427 JVS (3) SACV 09-328 JVS.

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Roz May
Roz May Public Relations
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