CASES

Phenylephrine Marketing and Sales Practices Litigation

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In re Oral Phenylephrine Marketing and Sales Practices Litigation
United States District Court for the Eastern District of New York
MDL No. 3089

Case Status

A Conditional Transfer Order was issued on December 7, 2023, ordering the transfer of these actions to the United States District Court of the Eastern District of New York for consolidated pretrial proceedings before United States District Court Judge Brian M. Cogan. On April 3, 2024, the Court appointed Keller Rohrback partner Cari Laufenberg to be a member of the Plaintiffs’ Steering Committee. Limited informal discovery negotiations between the parties began pending the Court’s decision on the defendants’ motions to dismiss. On October 9, 2024, following briefing and argument, the Court issued an order dismissing the consolidated proceedings. The cases are currently inactive pending a successful appeal.

Case Overview

Keller Rohrback has filed class action complaints on behalf of plaintiffs in multiple states alleging deceptive marketing practices by companies selling cold products containing phenylephrine (“PE”). On September 11 and 12, 2023, a U.S. Food & Drug Administration (“FDA”) advisory panel concluded that over the counter (OTC) oral phenylephrine is ineffective as a nasal decongestant. Plaintiffs allege Defendants knew and/or had reason to know that their products were no more effective than placebo. These deceptive practices caused unknowing customers to spend millions of dollars on products that did not provide relief from their symptoms.

Practice Areas

Consumer Protection

Attorneys

Cari Campen Laufenberg

Partner

Chris Springer

Partner