1st Circuit: Class Action Over Oversized Eye Drops Is Preempted

Mealey's (September 5, 2018, 12:00 PM EDT) -- BOSTON — The First Circuit U.S. Court of Appeals on Aug. 27 said seven class action plaintiffs have grounds for their complaint that prescription eye drop containers cost them money by dispensing drops that are too large but said the plaintiffs want a “major” change to eyedrop containers that is preempted by federal law (Robert Gustavsen, et al. v. Alcon Laboratories, Inc., et al., No. 17-2066, 1st Cir., 2018 U.S. App. LEXIS 24221)....

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