Alcon Laboratories, Inc. v. Cottrell
- Case Date: 4/23/2018
- Project Name: Health Care Project
On May 21, 2018, the U.S. Supreme Court issued a brief order declining to review a court decision that granted “standing” to plaintiffs who complained that drug companies from which they purchased eye medications packaged their products unfairly. The decision was a setback for WLF, which filed a brief urging that the decision be reviewed. 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 if the tips of bottles sold by the manufacturers were smaller, they would have been able to administer less medication and thus might have saved money. 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.
More Information and Downloads:
4/23/2018: Download the Brief