J&J Unit Must Face Class Claims Over 'Rapid Release' Tylenol

Law360 (May 19, 2020, 9:54 PM EDT) -- A Johnson & Johnson unit must face proposed class claims from California consumers that it misled them and others about how fast its "rapid release" Tylenol gelcaps work after a New Jersey federal judge on Tuesday rejected the company's argument that its statements were mere "puffery."

In partially denying Johnson & Johnson Consumer Inc.'s dismissal bid, U.S. District Judge Brian R. Martinotti upheld those claims under California consumer protection laws, saying the plaintiffs sufficiently alleged the purportedly misleading statements such as "fast working pain relief" and "rapid speed" were not puffery.

Two California federal court cases "expressly found the same 'rapid...

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