Purported Class Action Accusing Ulthera Manufacturer of Fraud to Proceed in Calif.

SACRAMENTO — A California federal judge has refused to dismiss a purported class action alleging the manufacturer of the Ulthera cosmetic skin-tightening device misled consumers into believing it was FDA approved, ruling that the state consumer law claims are not preempted because they parallel federal regulations.

On Aug. 16, Judge Morrison C. England of the U.S. District Court for the Eastern District of California further found the fraud-based claims were pled with the requisite particularity.

“Ultherapy” is a non-surgical cosmetic procedure that involves the use of ultrasound procedures to tighten skin tissue and reduce the appearance of wrinkling. The device …