Ill. Federal Judge Dismisses Class Action Targeting Walgreen’s Hydrogen Peroxide
August 11, 2023
CHICAGO — An Illinois federal judge has dismissed a putative class action accusing Walgreen Co. of misrepresenting that its hydrogen peroxide reduces rates of wound infection, ruling the claims are preempted by the Food, Drug and Cosmetic Act because the product’s label was approved by the Food and Drug Administration.
In a July 20 order, Judge Jorge Alonso of the U.S. District Court for the Northern District of Illinois explained that the content of the label “is a matter of federal law, and by claiming that some other terminology is necessary to ensure that the label is not misleading, plaintiff …
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