Allergan Defeats CoolSculpting Class Action

Allergan subsidiary Zeltiq Aesthetics defeated a putative class action suit on Tuesday alleging that customers of the company’s popular CoolSculpting fat-freezing system were deceived by marketing materials that classified the system as “FDA-cleared,” without also stating that it was not “FDA-approved.”

Granting the motion to dismiss, U.S. District Judge Dolly M. Gee held that Plaintiffs had failed to show why Zeltiq’s claims would mislead consumers, and adopted Zeltiq’s argument that Ninth Circuit law did not require the company to make any additional, affirmative disclosures.

“This is an important ruling, particularly for medical device manufacturers,” said attorney Steven Feldman, who represented Zeltiq.  “We are pleased that the Court adopted our arguments on the case law, and granted dismissal of this putative class action at the pleadings stage.”

Zeltiq was represented by John Hueston, Doug Dixon, Steve Feldman and Matthew Kaiser

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Law360

 

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