Judge Tosses False Ad Suit Over Topco's Infant Pain Reliever

Law360 (May 12, 2021, 4:17 PM EDT) -- An Illinois federal judge on Tuesday dismissed a suit alleging retailer Topco Associates LLC misled consumers by charging substantially higher prices for its infants' pain reliever than the children's version when they contain equal acetaminophen, saying it's preempted by the Food, Drug, and Cosmetic Act.

Named plaintiff Jazmine Harris contends in her suit that even though both Topco's TopCare brand Infants' Pain & Fever Acetaminophen and its Children's Pain & Fever Acetaminophen products contain the same dosage amount, Topco markets and sells the products in such a way that buyers are deceived into believing infants can't safely take the children's product...

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