Chicago, IL: A consumer fraud class action lawsuit has been filed against a dozen pharmaceutical companies over allegations that they engaged in an unfair and deceptive scheme to make more money off prescription eye drops.
Plaintiffs Charlene Eike, Shirley Fisher, Jordan Pitler and Alan Raymond name several defendant companies that distribute, market, manufacture, sell and research eye drop products, including Allergan, Alcon Laboratories, Bausch and Lomb, Pfizer, Prasco and Merck & Co.
The lawsuit alleges violations of Illinois' Consumer Fraud Act and Missouri' Merchandising Practices Act and focuses on the size of eye drops used in the defendants' products. Further, the plaintiffs claim the matter in controversy exceeds $5 million and includes at least 100 class members.
According to the lawsuit, the defendants "separately engaged in an unfair and unscrupulous scheme to increase its profits by selling prescription eye drops in a form that compels consumers to buy and spend money for expensive medication that inherently goes to waste."
As of result of the alleged scheme, the plaintiffs assert that they and other consumers have been forced to buy more of defendants' products than they should have.
Citing scientific studies and journal articles, including a few funded by some of the defendants, the plaintiffs contend there is no reason that eye drops should be larger than 15 uL, or microliters. The defendants' products, the suit states, emit drops two to three times that size.
"Defendants, which rank among the most medically and scientifically sophisticated companies in the world, know full well that the basis of this lawsuit is true and well-founded,"the lawsuit claims. "Yet, defendants have persisted in their unlawful, unfair and unethical practices of selling the medicine in dispensers that emit much larger drops."
The plaintiffs contend that "the amount of overpayment that consumers have been compelled to make because of these large drop sizes is huge."
