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ARTICLE · 23 NOVEMBER 2021

Does "Maximum Strength" Mean That You Get More Active Ingredients?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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Pfizer markets and distributes Robitussin cough syrup, which comes in both a regular strength and a "Maximum Strength" version.

United StatesMedia, Telecoms, IT, Entertainment

Pfizer markets and distributes Robitussin cough syrup, which comes in both a regular strength and a "Maximum Strength" version. The plaintiffs in a lawsuit against the company alleged that it is deceptive to promote a version of Robitussin as "Maximum Strength," and charge more for it, when it doesn't contain more of the active ingredients than the regular version does.

Pfizer moved to dismiss the plaintiffs' claims, alleging that the plaintiffs had failed to plausibly allege that they were misled. Essentially, Pfizer argued that its "Maximum Strength" claim is not misleading because one dose of Maximum Strength Robitussin contains more medicine than one dose of Regular Strength Robitussin. Pfizer also argued that the name is not misleading because, on the packaging, both products explicitly provide dosage information and the amount of active ingredients per dose. 

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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