SAN FRANCISCO (Legal Newsline) – A class action plaintiff can’t sue over 26 different types of ChapStick when she only purchased three of them, the products’ maker is arguing.
GlaxoSmithKline filed a motion to dismiss Feb. 26 in San Francisco federal court in its defense against a lawsuit that claims its products aren’t “100% Natural,” as they claim to be.
GSK says Lisa Moore lacks standing to pursue her claims and has also failed to allege enough specific details to justify her fraud allegation. And her claims that the products contain synthetic ingredients are unsupported, the company says.
“She seeks injunctive relief correcting these statements though she no longer claims to be deceived by them and she only intends to purchase them again if they are reformulated to contain only natural ingredients,” says the motion, which was authored by lawyers at Dechert LLP.
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