CooperSurgical’s Communications Regarding Recalled In-Vitro Product ‘Misleading,’ Judge Says

SAN FRANCISCO — A California federal judge ruled that CooperSurgical’s failure to disclose a pending class action in its settlement communications with patients who were affected by its recall of an in-vitro fertilization product was misleading and must be remedied.

In a May 20 order, Judge Jon Tigar of the U.S. District Court for the Northern District of California noted case law states that omitting mention of a pending class action — even an uncertified one — can be misleading.

CooperSurgical Inc. and The Cooper Companies Inc. (TCC) manufacture and sell to fertility clinics a culture media product designed …