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Drug Cos. Tell 3rd Circ. To Affirm Eye Drop Suit Dismissal

Law360, New York (September 22, 2016, 9:47 PM EDT) -- Pfizer, Merck and others urged the Third Circuit on Wednesday not to revive litigation accusing the drugmakers of boosting prescription eye drop sales by using bottles that dispensed bigger-than-needed drops, contending that a lower court correctly found the patients didn't show sufficient injury.

A New Jersey federal judge was right to toss the 24 consumers' class claims for the second time in March, Pfizer Inc., Merck & Co. Inc. and other pharmaceutical giants argued, saying the patients can't establish they were injured just because the eye drop sizes were bigger than they needed to be and that consumers would have saved money...

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