Ohio Federal Judge Tosses Proposed Zostavax Deceptive Advertising Class Action

COLUMBUS, Ohio — An Ohio federal judge has dismissed a proposed class action accusing Merck of deceptively advertising its shingles vaccine Zostavax, ruling that vaccines are not consumer goods, therefore there was no consumer transaction as required by the state’s Consumer Sales Practices Act (OCSPA).

In an April 11 order, Judge James L. Graham of the U.S. District Court for the Southern District of Ohio further found that as a consumer, plaintiff Rebecca Gentile lacked standing to bring a claim under the Ohio Deceptive Trade Practices Act (ODTPA).

Gentile alleged that after the Food and Drug Administration approved Zostavax, Merck …