NEW YORK (Legal Newsline) – The manufacturer of an over-the-counter, ranitidine-based medication is facing a class action lawsuit alleging the products contain a carcinogen and liver-damaging impurity.
Stacey Koppell and Dan Zhovtis filed a complaint Nov. 4 in the U.S. District Court for the Southern District of New York against Perrigo Co. PLC, Perrigo Research & Development Co., CVS Health Co. and Walmart Stores Inc. alleging breach of express warranty, breach of implied warranty of merchantability, violation of New York General Business Law, the Virginia Consumer Protection Act, unjust enrichment, fraudulent concealment and conversion.
According to the suit, Perrigo issued a voluntary recall of its ranitidine medications on Oct. 23 due to the "possible presence" of N-nitrosodimethylamine (NDMA), a known carcinogen. The plaintiffs allege the medications were not properly synthesized, resulting in the high NDMA levels.
The suit states Walmart and CVS both sell ranitidine medication under their own labels distributed by Perrigo to treat heartburn associated with indigestion and sour stomach.
The plaintiffs allege they have been harmed by purchasing and consuming the medications.
The plaintiffs seek monetary relief, a trial by jury and all other just relief. They are represented by Joseph Marchese and Andrew Obergfell of Bursor & Fisher in New York City and Neal Deckant of Bursor & Fisher in Walnut Creek, California.
U.S. District Court for the Southern District of New York case number 1:19-CV-10253-UA