Questionable California Cough Medicine Consumer Class Lingers

Litigation attorney Eric Alexander published a blog on Drug & Device Law about a California federal court case involving consumer fraud claims over children's cough medicine products. The plaintiff alleged the products were misleadingly marketed as specifically formulated for children despite being pharmacologically equivalent to adult versions. Mr. Alexander summarizes the court's ruling, which dismissed some claims as preempted by federal labeling requirements while allowing others like express warranty to proceed based on the alleged misleading "coalesced" messaging, despite individual statements being factually true. The court's analysis highlighted issues around standing, preemption, economic loss doctrine and heightened pleading standards that frequently arise in such consumer class actions.

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