Intervention v. Avanir Pharmaceuticals
A consumer class action complaint alleged false advertising by pharmaceutical companies in the marketing of a cold sore medication. The class representatives and pharmaceutical companies reached a settlement, and the trial court approved the settlement over the objections of an individual class member. The settlement commits $1 million to independent cold sore research and distributes consumer vouchers for product discounts and rebates. The objector contends that the trial court (1) erred in certifying a nationwide plaintiff class when California lacks significant contacts with class claims; and (2) abused its discretion in approving a settlement that is inadequate to remediate the harm suffered by the class. Court reject the contentions and affirm the judgment.
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