Imodium consumer lawsuit
This article was originally published in The Tan Sheet
Executive Summary
Proposed class action filed on behalf of retail purchasers of Imodium Advanced asserts claims for unlawful monopoly, unfair trade practices, unjust enrichment against McNeil. Filed in Philadelphia federal court July 2, complaint alleges J&J division unlawfully extended patent protection for loperamide/simethicone combination through improper patent filings, denying consumers access to lower-priced generic alternatives. Complaint filed by members of Prescription Access Litigation project marks PAL's first lawsuit involving an OTC drug. Case is assigned to Judge Berle Schiller, who last month declared McNeil's patent claims invalid (1"The Tan Sheet" July 1, 2002, p. 3). McNeil calls PAL lawsuit "baseless," notes product faces substantial generic competition in anti-diarrheal market...