Pfizer hit with class action over Chapstick

By Michael Abella | Sep 19, 2016

NEW YORK (Legal Newsline) — Two consumers are suing Pfizer, a personal care product manufacturer, alleging negligent misrepresentation.

Rachel Tyman of Broward County, Florida, and Johnathan Robinson of New York filed a class action complaint, individually and on behalf of all others similarly situated, Sept. 2 in U.S. District Court for the Southern District of New York against Pfizer Inc., alleging violation of the New York General Business Law and the Florida’s Deceptive and Unfair Trade Practices Act.

According to the complaint, in 2016, Tyman and Robinson suffered financial damages for paying a premium price for Chapstick lips products that were misrepresented. The suit says the plaintiffs were deprived the benefit of the bargain and also denied the benefit of knowing what they applied to their lips. 

The plaintiffs allege Pfizer falsely misrepresented that its Chapstick products are 100 percent natural, when they are not, and mislabeled its product as clinically proven to provide healthier lips.

“Pfizer provides consumers with truthful information, and the packaging and advertising for ChapStick® Total Hydration 100% Natural are accurate and scientifically sound. We deny the plaintiffs’ allegations and believe this lawsuit has no merit," the company said in a statement.

Tyman and Robinson seek trial by jury, an order certifying this complaint as a class action, appointing the plaintiffs and their counsel as class representatives, requiring Pfizer to pay full restitution and disgorgement of all ill-gotten gains, actual damages, attorney fees, court costs and pre- and post-judgment interest. 

They are represented by attorneys Kim E. Richman of The Richman Law Group in Brooklyn, New York; by Joshua H. Eggnatz and Michael J. Pascucci, of Eggnatz, Lopatin & Pascucci LLP in Davie, Florida; by Natalie Finkelman and James C. Shah of Shepherd, Finkelman, Miller & Shah LLP in Media, Pennsylvania; and by Jayne A. Goldstein of Pomerantz LLP in Weston, Florida.

U.S. District Court for the Southern District of New York Case number 1:16-cv-06941

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