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Kroger Free of Suit Over Infants’ Pain Medicine Marketing

Sept. 21, 2021, 2:01 PM

Kroger Co. is the latest retailer to shake a would-be class action alleging it made parents think infants couldn’t safely use a less expensive children’s pain reliever, following a California federal court’s dismissal.

Reynolds Hartwich alleged Kroger and its Ralphs Grocery Co. unit deceptively marketed their private-label Kroger “Age 2-3 years Infants’ Pain & Fever Acetaminophen” product.

Hartwich alleged that although the concentration of active ingredient acetaminophen is the same for all products for children ages 2-12, the Kroger label implies that the acetaminophen concentration for the infants’ product is specifically formulated for younger kids.

But Hartwich hasn’t pointed to ...

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