Ill. Judge Questions Infant Pain Reliever False Ad Claims

Law360 (May 5, 2021, 6:07 PM EDT) -- An Illinois federal judge appeared skeptical Wednesday of a consumer's contention that she was misled by retailer Topco Associates LLC when it sold its infants' pain reliever at a substantially higher price than the children's version when both products contain the same amount of acetaminophen.

U.S. District Judge Sara Ellis, hearing oral arguments over whether to dismiss the putative class action against Topco, pressed named plaintiff Jazmine Harris to address why a reasonable consumer couldn't compare Topco's TopCare brand Infants' Pain & Fever Acetaminophen and its Children's Pain & Fever Acetaminophen products, see that the formulation is the same but the...

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