The Seventh Circuit on Monday reversed a ruling granting class certification to a group of glaucoma sufferers suing Allergan Inc. and other drugmakers over the size of their eyedrop dispensers, saying that it's not the judiciary's place to force a company to make a product differently if their product does not violate laws or regulations.
In a five-page opinion, U.S. Circuit Judge Richard Posner wrote that the basis of the class' complaint — that the eyedropper containing the glaucoma medicine was too large to be practical — was not something a court can or should rule on. Judge Posner, also writing for Judges Diane Sykes and William Bauer, likened the consumers' complaint to the nuisance that may be experienced by the proud new owner of a pedigreed cat with a very discerning palate.
Alcon is represented by Gregory Ostfeld, Francis Citera, Christiana Jacxsens and Lori Cohen of Greenberg Traurig LLP.
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