A man with facial hair and a face mask has won a federal lawsuit over the removal of his hair, saying he’s not entitled to it.
Kiehl was granted permission to remove his facial hair on Feb. 12 after the FDA rejected his request to wear a face cover for his condition, known as keratoconus.
Kriehl’s lawsuit alleges the facial mask he was wearing violated federal law.
He was told the mask did not cover his face, according to court papers filed Thursday in U.S. District Court in Florida.
He says the mask’s plastic outer coating did not adequately protect his skin, which was covered with a “blistered, burnt, cracked and cracked” layer of skin.
He alleges he was forced to use a mask to prevent his hair from drying out, and he said he has severe facial skin scars.
The suit, filed by a Florida-based attorney named Michael B. Kelly, said facial hair removal was not approved by the FDA.
Kelly is also a licensed cosmetic surgeon in Florida and is also representing Kriehls.
Kelly’s lawsuit accuses FDA of failing to consider the potential health and safety risks to patients of the facial skin treatment, including the fact that facial hair can contain lead, a neurotoxin.
Karen C. Schubert, the FDA’s deputy commissioner for regulatory affairs, said she could not comment on pending litigation.
The agency did not respond to questions about the lawsuit.
In response to Kriehl’s request to remove facial hair, FDA said it approved “an experimental treatment using a high-tech synthetic composite material that is nontoxic and non-irritating, safe for use, and available on the market in limited quantities.”
FDA said the product could help to treat keratocosis and acne.KIEHL’S CASEFINAL JUDGMENTA federal judge on Thursday rejected a motion filed by the attorney general of Florida to dismiss the lawsuit on jurisdictional grounds.
The attorney general argued that the federal government’s decision to approve the treatment as safe for people with keratocoidosis does not affect the state’s jurisdiction.
The judge agreed and said the Florida case was filed without a valid case to proceed to trial.
The FDA said in a statement that it was aware of the lawsuit and is reviewing the ruling.