Multi-District Litigation Lawsuit Against McNeil Pharmaceuticals Regarding Recalls Dismissed by Presiding Judge, the Consumer Justice Foundation Reports

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The Consumer Justice Foundation, a for-profit corporation whose team of professional consumer advocates provides free online informational resources to consumers regarding the potential dangers of using certain prescription medications, has a Web site URL that is located at The CJF hereby alerts the public that the Multi-District Litigation lawsuit that had been filed by consumers against McNeil Pharmaceuticals has been dismissed by the judge in Pennsylvania who was overseeing the legal action.

The Consumer Justice Foundation, a for-profit corporation whose team of professional consumer advocates provide free online educational resources regarding the potential dangers relating to the use of certain prescription medications, hereby reports that the Multi-District Litigation, or MDL, filed against McNeil Pharmaceuticals and its parent company Johnson & Johnson has been dismissed by the judge in Pennsylvania who was overseeing the case.

The case, which was filed in Pennsylvania and was assigned a case number of MDL Docket No. 2190, No. 10-md-2190, E.D. Pa.; 2012 U.S. Dist. The case was entitled, In Re: McNeil Consumer Healthcare, et al., Marketing and Sales Practices Litigation. The case was being overseen by U.S. District Judge Mary McLaughlin, who dismissed the case last week.

The McNeil MDL lawsuit concerned a class action lawsuit that was filed by consumers who claimed that they had been harmed because they had purchased some of the more than 126 million bottles of different types of medication. These different medications included over-the-counter products such as Tylenol, Benadryl, Rolaids, St. Joseph Aspirin, Zyrtec, Pepcid, Motrin, Sudafed, Sinutab and Simply Sleep. There were also prescription medications that were recalled including Topamax, Risperdal and generic resperidone.

According to the 53-page written decision released for the case, the judge overseeing the lawsuit dismissed the class action lawsuit because the plaintiffs failed to prove that they had suffered damages as a result of purchasing this recalled medication. In issuing her opinion in court documents, Judge McLaughlin stated, “No named plaintiff either has been refused a refund for a product that was recalled or alleged that a non-recalled product is defective as to them.” Therefore the decision was to case was dismissed with prejudice according to that same written opinion.

This written opinion stated that no one had claimed that they had suffered any damage such as Tylenol side effects or Topamax side effects as a result of purchasing recalled medication. Instead, the plaintiffs, according to court documents, alleged that their losses were limited to the monies spent on purchasing and obtaining the medication that they could no longer use.

About the Consumer Justice Foundation
The Consumer Justice Foundation, whose Web site can be found at, is a for-profit organization that serves two purposes for consumers: (1) to provide educational information regarding the policies and procedures of large corporations and how they affect the average consumer; and (2) to provide news updates and resources that continue to update consumers regarding developments taken by corporations that include pharmaceutical drug companies, auto manufacturers and insurance companies so that consumers who have been harmed can use these informational resources to connect to an experienced professional who can help them. The team at the Consumer Justice Foundation is staffed by experienced and passionate consumer advocates whose mission is to raise the awareness of issues that could pose a risk of harm to those who may not otherwise be aware of the dangers they face.

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Faith Anderson
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