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Another Infants’ Pain Reliever Price-Deception Suit Thrown Out

May 12, 2021, 7:59 PM

Topco Associates LLC won dismissal, for now, of a proposed class suit alleging it dupes customers into buying infants’ pain relief products instead of the less expensive children’s version, as an Illinois federal court said federal law preempts the claims.

Jazmine Harris’ suit, which sought a disclosure that the products are interchangeable, is preempted because it would impose requirements that aren’t identical to those mandated by federal regulations, the U.S. District Court for the Northern District of Illinois said Tuesday.

Harris allegedly purchased Topco’s Topcare brand infant acetaminophen for her baby, assuming it was specially formulated for infants. The childrens’ ...

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