Rite Aid Gets Infant Pain Reliever Labeling Suit Dismissed

July 16, 2021, 1:27 PM

Rite Aid Headquarters Corp. won dismissal of a New York woman’s suit alleging it misleadingly labeled an infant fever reducer product, because a reasonable person wouldn’t have been misled, a federal trial court said.

Gina Ostermeier-McLucas didn’t sufficiently allege that Rite Aid’s labeling of its “Infants’ Fever Reducer & Pain Reliever” was materially misleading, the U.S. District Court for the Eastern District of New York said. She thus couldn’t proceed with a lawsuit for deceptive conduct under New York’s General Business Law, it said.

Rite Aid’s infant fever reducer product is identical to a product marketed for children aged 2 ...

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