N.Y. Woman's Motion for Class Certification Denied in Listerine Lawsuit

NEW YORK - A New York woman who alleges that Pfizer Inc.'s advertising for its Listerine Antiseptic Mouthrinse campaign was deceptive was denied class certification on Sept. 28 by a federal judge who said she failed to show commonality. Whalen v. Pfizer Inc. No. 600125/05, (N.Y. Sup. Ct., New York Cty.).

Kathleen Whalen sued Pfizer Inc. on Jan. 12 in the New York Supreme Court, claiming the manufacturer falsely advertised its Listerine Antiseptic Mouthrinse as being 'as effective as floss.'

Whalen says Pfizer's 'Big Bang' advertising campaign violates the Good Business Law because it included commercials which falsely stated …