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Drug & Device News

By ALM Staff | Law Journal Newsletters |
December 18, 2009

California Court Certifies Contact-Lens Solution Class

A California state trial judge has certified a class of consumers who purchased contact lens solution blamed for causing eye infections that can lead to blindness. The November ruling, in a case against Abbot Medical Optics Inc., came just six months after the California Supreme Court lowered the standing requirements for consumer class actions, in the case of In re Tobacco II Cases. That decision settled a question created by the passage of California's Proposition 64, a 2004 ballot initiative intended to curb consumer cases filed under California's unfair competition law; it requires that plaintiffs show they had suffered an actual injury. The tobacco case held that class actions alleging consumer fraud may go forward even though each and every class member has not suffered actual injuries because of deceptive advertising.

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