Mealey's Antitrust/Unfair Competition - Ohio Federal Judge: Woman Can Pursue UCL Claim Over Birth Control Patch

Mealey's Antitrust/Unfair Competition - Ohio Federal Judge: Woman Can Pursue UCL Claim Over Birth Control Patch

CLEVELAND - Although a woman's strict product liability claim regarding a birth control patch fails based on the learned intermediary doctrine, her claim under California's unfair competition law (UCL) sufficiently alleges that the product's manufacturers used untrue or misleading statements intended to induce consumers to buy the product, an Ohio federal judge held March 24 (Tash Casso v. Ortho-McNeil Pharmaceutical, Inc., et al., No. 1:11-oe-40006, N.D. Ohio; 2014 U.S. Dist. LEXIS 38443).

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