Court Finds Listerine Class Bid Hard To Swallow

Law360, New York (March 4, 2008, 12:00 AM EST) -- An appeals court overturned a lower court's class certification on Friday in a suit accusing Pfizer Inc. of deceptively marketing Listerine mouthwash, which the company claimed was as effective as flossing.

The Appeals Court of Massachusetts ruled that the plaintiffs' claims against Listerine's deceptive ads covered too diverse and dissimilar a group of would-be members.

“This case falters on the first of the ... requirements: that the use of an unfair or deceptive act or practice has caused similar injury to numerous other persons similarly situated,”...
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