The pharmaceutical company recently conducted a limited, voluntary recall at the retail level only for Atorvastatin calcium tablets, (generic Lipitor). The recall concerns its 10mg 20mg and 40mg dosage strengths, packaged in 90's and 500 count bottles and only with respect to certain select lot numbers. Ranbaxy admitted that the product contained glass particles.
The Complaint alleges that the defendants manufactured and sold a dangerous and defective product, violated consumer fraud laws, and otherwise acted improperly with respect to the tainted Atorvastatin. For example, when Ranbaxy learned that their product was tainted, Ranbaxy conducted a recall but it was only at the retail level. The recall by Ranbaxy did not include a notice to consumers who purchased the tainted product as to what they should do with the tainted product or what they should do if they ingested it. The limited recall also did not include a notice to consumers or retail pharmacies about how the consumers could obtain a refund of the money paid for the product. In fact, Ranbaxy has not offered a refund to consumers.
The class action seeks a total product recall, with notice to consumers about the tainted product. The lawsuit also seeks a refund of the money paid for the product.