Rite Aid Calls Infant Pain Reliever Pricing Suit Meritless

“One look at the labels for Rite Aid’s Infants’ and Children’s Fever Reducer & Pain Reliever is all it takes” to see that a consumer’s deceptive labeling claims fail as a matter of law, Rite Aid of New York Inc. told a New York federal court.

Gina Ostermeier-McLucas alleges the products contain the same concentration of the active ingredient acetaminophen, but are packaged differently to make parents think infants can’t safely take the cheaper children’s product. The infants’ product costs three times as much per ounce, her proposed class suit says.

But her allegations “are belied by the products’ front ...