Case Study: White V. Wyeth

Law360, New York (February 3, 2011, 12:16 PM EST) -- In White v. Wyeth, et al., 2010 WL 5140048 (W.Va. 2010), the West Virginia Supreme Court of Appeals was asked to determine whether a private consumer cause of action brought under the West Virginia Consumer Credit and Protection Act (WVCCPA) requires a plaintiff to allege and prove that a product was purchased “because of and in reliance upon” an unlawful deceptive act.

The plaintiffs contended that defendant Wyeth Pharmaceuticals Inc. used unfair and deceptive practices in promoting hormone replacement therapy prescription drug products to doctors and...
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