Ohio Federal Judge Dismisses Warranty, Fraud Claims in Ortho Evra Case

CLEVELAND — An Ohio federal judge has dismissed warranty and fraud claims asserted against the makers of the Ortho Evra birth control patch, finding the plaintiff failed to plead that she relied on any representation made by the defendants.

On Oct. 1, Judge David Katz of the U.S. District Court for the Northern District of Ohio found the fact that the plaintiff saw an advertisement for Ortho Evra, but did not read it, does not constitute an affirmation of fact or promise.

Illinois resident Andrea Melton was prescribed the Ortho Evra birth control patch by her gynecologist, William P. Long, …