Earlier this week, the Ninth Circuit ruled in favor of Venable client Advanced Medical Optics (AMO) and affirmed the dismissal of a punitive class action suit. AMO was represented by Venable partner Ben Whitwell.
The plaintiffs alleged AMO used misleading marketing practices to advertise a contact lens solution that was eventually voluntarily recalled. A September 28, 2011 Law360 article noted that the Ninth Circuit ruled “that the plaintiffs' claims failed because they are preempted by the U.S. Food and Drug Administration's labeling criteria.”
The plaintiffs alleged AMO used misleading marketing practices to advertise a contact lens solution that was eventually voluntarily recalled. A September 28, 2011 Law360 article noted that the Ninth Circuit ruled “that the plaintiffs' claims failed because they are preempted by the U.S. Food and Drug Administration's labeling criteria.”