Consumer, Breach of Warranty Claims Survive Dismissal in 'Align' Case

CLEVELAND - An Ohio federal judge has refused to dismiss claims alleging violation of the California Consumers Legal Remedies Act and the California Unfair Competition Law and breach of express warranty against Procter & Gamble Co. in relation to its probiotic product, Align. Rikos v. Procter & Gamble Co., No. 11-226 (S.D. Ohio).

On May 4, Judge Timothy S. Black of the U.S. District Court for the Southern District of Ohio ruled that the plaintiff sufficiently alleged that in purchasing the product, he relied upon alleged misrepresentations made by P&G in labeling and advertisements.

Dino Rikos, a California resident, …