Consumer Law
Unfair Competition
False Advertising
Joanne Arroyo on behalf of herself and all others similarly situated v. Pfizer Inc., a Delaware corporation
Published: Feb. 16, 2013 | Result Date: Jan. 31, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-4030 Bench Decision – Dismissal
Facts
A putative class action was filed against Pfizer Inc. involving its supplement called ProNutrients Probiotic. The complaint accused the company of falsely advertising that the product supports healthy immune function. Pfizer moved to dismiss the complaint on the grounds that the lawsuit was baseless and that the plaintiff had failed to allege sufficient facts to state a claim.
Result
A district judge threw out the suit because the plaintiff failed to plead any facts supporting her contention that the product did not support healthy immune function.
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