Product Liability -- 2018

Gustavsen v. Alcon Laboratories, Inc.   (1st Circuit)

Class action to recover for "wasted" medication

Individuals brought a class action lawsuit against manufacturers of eye droppers that dispense glaucoma medication. The suit alleges that the droppers dispense droplets that are too big for the average human eye to absorb, and therefore the "wasted" medication defrauds consumers. The plaintiffs' logic could extend to various other items that plaintiffs could allege over-dispense or under-dispense a product. To help protect manufacturers against having to face these baseless claims, the NAM filed an amicus brief on behalf of the defendant manufacturers in the U.S. Court of Appeals for the First Circuit. Our brief argues that the plaintiffs failed to establish any real injury and therefore have no right to bring this case, that their claims are preempted by federal law, and that allowing cases like these to move forward would invite abusive class-action litigation. On August 27, 2018, the First Circuit ruled against the plaintiffs, finding that their state-law claims are preempted by federal law.

Related Documents:
NAM brief  (April 11, 2018)


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