Merck Escapes False Ad Suit Over Shingles Vaccine

By Jonathan Capriel (April 12, 2022, 7:35 PM EDT) -- An Ohio federal judge has tossed a proposed class action against pharmaceutical giant Merck that sought punitive damages over claims that it falsely advertised how effective its shingles vaccine is across age groups.

U.S. District Judge James L. Graham ruled Monday that Rebecca Gentile failed to adequately plead all the claims she made in her lawsuit, which asserts the Zostavax vaccine is not nearly as effective for everyone at preventing infection with the shingles virus as New Jersey-based Merck & Co. Inc. and Merck Sharp & Dohme Corp. advertised.

His decision granted Merck its motion to dismiss while giving Gentile 14 days...

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