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A putative class action over the size of eye medicine drops dismissed by a federal judge for lack of standing has been revived by the U.S. Court of Appeals for the Third Circuit.

The class action was filed in U.S. District Court for the Eastern District of Pennsylvania and alleged that the defendant pharmaceutical companies manufactured dispensers that emitted drops that were too large and wasted medicine, causing the plaintiffs economic harm. The case was filed under numerous states’ unfair trade practice laws.

The defendants are Alcon Laboratories, Alcon Research Ltd., Falcon Pharmaceuticals Ltd., Sandoz Inc. Allergan Inc., RP, Allergan USA Inc., Allergan Sales, Pfizer Inc., Valeant Pharmaceuticals International, Bausch & Lomb Inc., Aton Pharma Inc., Merck & Co. Inc., Merck Sharp & Dohme Corp., Prasco and Akron Inc.

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P.J. D'Annunzio

Reporter at the Legal Intelligencer covering public corruption, federal courts, and breaking news.

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