Pfizer Spits Out Class Cert. In Listerine Ad Suit

Law360, New York (March 3, 2010, 7:02 PM EST) -- Reconsidering a ruling in light of new case law, a California appeals court has again overturned class certification in a suit alleging Pfizer Inc. misled consumers about the benefits of using Listerine.

The opinion, published Tuesday in the California Court of Appeal, Second Appellate District, scratches a 2005 order establishing a statewide class of consumers who allegedly purchased Listerine on Pfizer’s short-lived claim that the mouthwash prevented plaque and gingivitis as effectively as dental floss.

The trial court erred in certifying a California class consisting of...
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