LOS ANGELES -- A California appeals court threw out class certification of a lawsuit brought on behalf of purchasers of Pfizer Inc.'s Listerine mouthwash, saying the false advertising case tried to represent consumers who weren't harmed.
The lawsuit claimed that Pfizer misled consumers into believing Listerine can replace dental floss in reducing plaque and gum disease. Lawyers for a California resident sought to represent all buyers of Listerine over a six-month period. A 2004 state law barred false advertising lawsuits unless plaintiffs suffered actual damages, the Court of Appeals in Los Angeles said Wednesday.
California's Proposition 64, approved in November 2004, imposed restrictions on consumer lawsuits to prevent "frivolous" cases by lawyers seeking to attract clients and force settlements, according to Wednesday's ruling. Class action status gives plaintiffs' lawyers more leverage to force defendant companies to settle rather than risk a costly trial verdict.
Details here from NorthJersey.com (4th item). More here from the Metropolitan News Enterprise. The court's opinion is here.