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Lice litigation

This article was originally published in The Tan Sheet

Executive Summary

Proposed California class action against lice treatment manufacturers preempted by federal law, San Francisco state court concludes Feb. 20, granting summary judgment for Pfizer/Warner-Lambert and Care Technologies. Plaintiffs filed suit in February 1999, alleging companies failed to warn consumers that lice resistance to pesticides has rendered products such as Rid, Nix and Clear ineffective. Plaintiffs' claims regarding pediculicide product labeling "seek to impose requirements that are 'different from, in addition to, or otherwise not identical' with requirements" of the FD&C Act, Judge David Garcia rules. Plaintiffs' counsel is evaluating whether to appeal. Bayer Consumer Care acquired the Rid line as part of Pfizer's merger with Nix marketer Warner-Lambert in June

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