Contact Lens Claims Preempted By FDA Regs: 9th Circ.

Law360, New York (September 28, 2011, 9:04 PM EDT) -- The Ninth Circuit on Wednesday affirmed the dismissal of a putative class action targeting Advanced Medical Optics Inc. over allegedly misleading marketing practices for a recalled contact lens solution, but said the lower court erred in ruling the plaintiffs lacked standing.

The suit alleged that AMO had made false statements about its Complete MoisturePlus Solution-brand contact lens solution and had concealed known risks of using it in violation of California's Unfair Competition Law and False Advertising Law.

The lower court said the plaintiffs lacked standing because...
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