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OTC Pediculicide Label Statements Not “Voluntary Warranties” – Court

This article was originally published in The Tan Sheet

Executive Summary

Labeling that uses straightforward language to express information implicit in the applicable OTC monograph does not create a "voluntary warranty," a San Francisco state appeals court recently ruled

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Lice class action

California Supreme Court on Oct. 2 declines to review lower court decision finding plaintiffs' claims related to OTC pediculicide product labeling are federally preempted. In a proposed class action against pediculicide manufacturers, plaintiffs Susan Kanter, Sharlon Plunk alleged companies failed to warn consumers that lice resistance has rendered the products ineffective. Trial court granted the companies summary judgment based on preemption in February. In June, a San Francisco appeals court affirmed that ruling (1"The Tan Sheet" July 22, 2002, p. 7)...

Lice class action

California Supreme Court on Oct. 2 declines to review lower court decision finding plaintiffs' claims related to OTC pediculicide product labeling are federally preempted. In a proposed class action against pediculicide manufacturers, plaintiffs Susan Kanter, Sharlon Plunk alleged companies failed to warn consumers that lice resistance has rendered the products ineffective. Trial court granted the companies summary judgment based on preemption in February. In June, a San Francisco appeals court affirmed that ruling (1"The Tan Sheet" July 22, 2002, p. 7)...

Lice class action

California Supreme Court on Oct. 2 declines to review lower court decision finding plaintiffs' claims related to OTC pediculicide product labeling are federally preempted. In a proposed class action against pediculicide manufacturers, plaintiffs Susan Kanter, Sharlon Plunk alleged companies failed to warn consumers that lice resistance has rendered the products ineffective. Trial court granted the companies summary judgment based on preemption in February. In June, a San Francisco appeals court affirmed that ruling (1"The Tan Sheet" July 22, 2002, p. 7)...

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