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The NAM filed an amicus brief in the U.S. Court of Appeals for the First Circuit in a class-action lawsuit brought by individuals suing over eye droppers for glaucoma medication. The suit alleged 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’s brief argued 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. The First Circuit ruled against the plaintiffs, finding that their state-law claims are preempted by federal law.