STORY FROM: Drugs & Medical Devices
Cynosure Awarded Summary Judgment in Lawsuit Targeting Weight Loss Device
August 8, 2019
BOSTON — A Massachusetts federal judge has awarded Cynosure Inc. summary judgment on claims that its SculpSure weight loss device didn’t work, ruling that the allegedly deceptive statements occurred outside of the state, and that Cynosure successfully disclaimed the implied warranty of merchantability.
In an Aug. 7 order, Judge Denise Casper of the U.S. District Court for the District of Massachusetts also denied the plaintiffs’ motion for class certification, ruling that plaintiffs failed to demonstrate the superiority of a class action lawsuit as a method of resolving this dispute.
“The fact that individual class members have sued separately in ...