CVS Gets Infant Pain Reliever Deceptive Marketing Suit Tossed

CVS Pharmacy Inc.'s labeling of infants’ and children’s painkillers doesn’t mislead consumers into thinking they must buy the more expensive infant product, even though they have the same concentration of active ingredient, a California federal court said.

Merchants’ pricing decisions aren’t for courts to decide, unless there is some other deception, and the labels here aren’t deceptive, the U.S. District Court for the Northern District of California said Nov. 20. It dismissed the would-be class suit for now.

CVS and other retailers still face similar litigation in other courts.

Danielle Lokey alleged the company’s pricing and packaging deceive consumers into ...