Product Liability -- 2018



Alcon Laboratories v. Cottrell   (U.S. Supreme Court)

Fighting class-action abuse over "wasted" medication

The NAM filed an amicus brief in the U.S. Supreme Court in a class action lawsuit against manufacturers of eye droppers that dispense 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 supported the defendant manufacturers in support of a petition for certiorari. Our brief argued that the plaintiffs failed to establish any real injury, their claims are preempted by federal law and that allowing cases like this to move forward would invite abusive class-action litigation. The Court denied certiorari.


Related Documents:
NAM brief  (April 23, 2018)