J&J Unit Seeks To Nix Listerine False Marketing MDL

Law360, New York (August 2, 2011, 6:03 PM EDT) -- A Johnson & Johnson unit asked a Florida federal judge on Tuesday to toss multidistrict litigation against it, asserting that its Listerine Total Care mouthwash was not fraudulently marketed because, contrary to the plaintiffs' claims, it does fight plaque above the gum line.

In its motion for summary judgment, Johnson subsidiary McNeil-PPC Inc. said its mouthwash is clinically proven to fight such plaque and, therefore, claims that it falsely advertised the mouthwash's anti-plaque properties are baseless.

McNeil's argument has been successful before. Earlier this year, when...
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