STORY FROM: Drugs & Medical Devices

7th Cir. Vacates Class Certification in Case Involving Size of Glaucoma Eye Drop Dispensers

CHICAGO — A federal appellate court has vacated the certification of classes of plaintiffs who accused the manufacturers of glaucoma eye drops of violating consumer fraud laws by using bottles that dispense overly large drops, ruling that the consumers received what they paid for.

In a March 6 ruling, the 7th Circuit U.S. Court of Appeals found plaintiffs failed to suggest collusion by defendants, either with each other or with other producers of the eye drops, or allege misrepresentation as to the drops’ quality. As such, plaintiffs lack standing, the court concluded, and the action must be dismissed with prejudice.

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