Allergan Dodges Class Action Over Pricey Eye Drops

Law360, Los Angeles (January 28, 2014, 9:21 PM EST) -- A Missouri federal judge threw out a putative class action alleging Allergan USA Inc. overcharged consumers for chronic dry eye treatment Restasis by filling dispensers with pricey excess medicine, holding Tuesday that the plaintiff failed to state a claim under a Missouri consumer law.

U.S. District Judge Audrey G. Fleissig granted Allergan and its affiliates' motion to dismiss the suit, brought by Fancine Thompson a year ago, ruling that smaller amounts of the drug wouldn’t necessarily make it less expensive to consumers.

“[T]he allegation that including...
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