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Gustavsen et al v. Alcon Laboratories, Inc. et al

  1. August 27, 2018

    1st Circ. Says Challenge To Rx Eyedropper Size Preempted

    The First Circuit ruled Monday that glaucoma, allergy and other ophthalmic patients in Massachusetts and New York aggrieved by prescription eyedrop bottles that allegedly waste medication cannot sue manufacturers under state laws, affirming the dismissal of the third major class action to challenge eyedropper designs in recent years.

  2. July 23, 2018

    1st Circ. Wonders Why FDA Should Not Decide Eyedrop Suit

    The First Circuit on Monday questioned both sides in a suit involving a group of pharmaceutical companies — including Allergan, Bausch and Lomb, Merck and Pfizer — and a putative class saying the companies should change their eyedrop dispensers' design to make them less wasteful, suggesting guidance from the U.S. Food and Drug Administration may help settle the dispute.