Facts

Tricia Zubrick bought three packages of Tri-Previfem birth control pills, which were manufactured by Endo Pharmaceuticals Inc., Endo Pharmaceuticals Holdings Inc., and Vintage Pharmaceuticals LLC. On Sept. 15, 2011, the manufacturers issued a nationwide voluntary recall of the pills, including those Zubrick bought. Zubrick's doctor informed her about the recall a month later, and she received a letter from the pharmacy where she obtained her prescription. Later, she filed an action, individually and on behalf of others similarly situated, against the manufacturers to recover damages for ingesting the ineffective pills.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, claiming she relied on defendants' failure to disclose the defect in buying the pills, which caused inadequate contraceptive protection. She also alleged that the pills were not reasonably fit for its intended purpose, and that defendants breached the implied warranty of merchantability.

DEFENDANT'S CONTENTIONS:
Defendants argued that Zubrick lacked standing because she did not buy actually defective birth control pills, and the pills were properly packaged. Defendants also argued that their press release was made publicly available and directed consumers to use back up protection.

Result

The court granted defendants' motion to dismiss.