Dexatrim Maker Wins Dismissal Of Marketing Class Action

Law360, New York (September 1, 2011, 2:26 PM EDT) -- A federal judge on Wednesday tossed a putative class action in Indiana accusing Chattem Inc. of deceptively marketing the weight loss pill Dexatrim as safe even though it contains a dangerous carcinogen, finding that consumers failed to demonstrate standing.

The suit relies on a 2010 report that found hexavalent chromium in Dexatrim. U.S. District Judge Sarah Evans Barker said that while that report has alarmed plaintiffs and others, fear over a potential medical consequence in the future isn't enough to show an injury in fact, a...
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