Gustavsen v. Alcon


(1st Circ., filed April 11, 2018): Arguing that the plaintiffs’ speculative claim that they might have paid less for a medication if defendants had packaged it more efficiently does not describe a cognizable injury in fact, and therefore, they lack standing.  Accepting plaintiffs’ theory would invite abusive class-action litigation.

Court ruled in favor of ATRA's position

On August 27, 2018, the court held that defendants could not change the drop size of an FDA-approved drug without prior FDA approval and thus that plaintiffs’ state-law claims were preempted.

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