New Jersey Citizen Action v. Schering-Plough Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that statements in advertisements such as “you ... can lead a normal nearly symptom-free life again” were merely puffery and not “intended to be understood by consumers as a guarantee of total and universal effectiveness of the product”
• dismissing NJCFA claim for failure to state a claim where plaintiffs failed to demonstrate that any losses they may have suffered were caused by defendants
• finding that defendant’s advertisements which employed phrases such as “you . . . can lead a normal nearly symptom-free life again” were “not statements of fact, but are merely expressions in the nature of puffery and thus are not actionable” under the NJCFA
• affirming dismissal if NJCFA claim because pharmaceutical advertisements were mere puffery

Source: CourtListener parenthetical corpus (CC0).