Alcon Laboratories, Inc. v. Cottrell
- Case Date: 4/23/2018
- Project Name: Health Care Project
On April 23, 2018, WLF filed a brief in the U.S. Supreme Court, urging it to reverse an appeals court decision that granted “standing” to sue to plaintiffs who complained that drug companies from which they purchased eye medications packaged their products unfairly. WLF argued that plaintiffs cannot demonstrate that they suffered the requisite injury (necessary to establish standing) simply by speculating that they might have obtained the medications more cheaply had they been packaged differently. The plaintiffs contend that the tips of bottles sold by the manufacturers are too large, so that a single drop dispenses much more medicine than any patient needs—thereby wasting considerable product. WLF argued that the plaintiffs cannot establish that this package design injured them, because they have no basis for speculating that the defendants would not simply raise their prices if required to reduce the size of bottle tips (thereby increasing the number of doses in each bottle).
More Information and Downloads:
4/23/2018: Download the Brief