Mcneil Consumer : Mdl No
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: MCNEIL CONSUMER : MDL NO. 2190 HEALTHCARE, ET AL., MARKETING : AND SALES PRACTICES LITIGATION : : Applies to: : ALL ACTIONS : MEMORANDUM McLaughlin, J. July 13, 2012 This multidistrict litigation arises out of quality control problems at the defendants’ facility manufacturing over- the-counter healthcare products in Fort Washington, Pennsylvania, which led to a series of recalls of those products. The named plaintiffs assert claims for economic loss on behalf of a putative nationwide class against Johnson & Johnson (“J&J”), McNeil Consumer Healthcare (“McNeil”), and four of their executives. The plaintiffs allege that they overpaid for the defendants’ products as a result of the recalls and the defendants’ scheme to conceal or downplay the scope of the quality control problems. The defendants, who have offered a coupon or cash refund to consumers who purchased recalled drugs, have moved to dismiss the operative complaint, and assert that the named plaintiffs lack constitutional standing and have not met the applicable pleading standard. The Court will grant the defendants’ motion because the plaintiffs have not pled facts that show a cognizable injury in fact, which is required to confer Article III standing. I. Procedural Background This litigation resulted from the consolidation of ten individual actions filed around the country. Haviland v. McNeil Consumer Healthcare, No. 10-2195, was filed in this Court on May 12, 2010, asserting economic injuries arising out of the April 30, 2010 recall of over-the-counter children’s drugs by McNeil, a part of the J&J “Family of Companies.” Eight additional cases, also arising out of the April 2010 recall, were filed in district courts around the country.1 All cases asserted claims for economic injury only, with the exception of Rivera v.
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