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SDNY Dismisses Economic Injury Class Action Based on Express OTC Preemption

September 9, 2023

Patora v. Vi-Jon, LLC, 2023 U.S. Dist. LEXIS 153421 (S.D.N.Y. Aug. 30, 2023), is a typical express preemption decision resulting in dismissal of a typical consumer protection-based purely economic loss class action against an over the counter (OTC) product. The plaintiffs, suing on behalf of a putative class, alleged that they purchased an OTC laxative product that contained a bacterial contaminant….
By: Reed Smith

SDNY Dismisses Economic Injury Class Action Based on Express OTC Preemption

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