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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.”