Allergan's Fat-Freezing Unit Freed From False Ad Claims

Law360 (June 12, 2018, 6:12 PM EDT) -- A California federal judge on Monday let an Allergan PLC unit off the hook for proposed class action claims that it deceived customers with marketing materials that classified its “CoolSculpting” fat-freezing system as having been “cleared,” but not “approved” by the U.S. Food and Drug Administration.

U.S. District Judge Dolly M. Gee found that consumers Carmen Otero and Abbey Lerman hadn’t shown why Zeltiq Aesthetics Inc.’s claims that its method was “FDA-cleared” would lead consumers to believe the system was “FDA-approved,” a higher-level categorization, according to Monday’s ruling.

The “FDA-cleared” claim is factually true, and even at oral argument attorneys for...

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