Legal Opinion

Kwaak v. Pfizer, Inc.

Massachusetts Appeals Court

Decided February 29, 2008No. 07-P-317PublishedCited by 15 opinions

1Opinion of the CourtKafker, J.

Sherry Kwaak and Jerry Natale, by separate complaints filed in Superior Court, sued Pfizer, Inc. (Pfizer), the *294manufacturer of Listerine brand mouthwash (Listerine), alleging that a Listerine advertising campaign that claimed that Listerine was “as effective as floss” was deceptive, violated G. L. c. 93A, § 2, and thus caused them and others similarly situated economic injury. The plaintiffs sought certification of a class of all Massachusetts consumers who purchased Listerine during the advertising campaign. A Superior Court judge allowed a motion for class certification under both…

2Cases cited18 opinions

  1. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  2. Boston Housing Authority v. HemingwayMassachusetts Supreme Judicial Court · 1973
  3. Aspinall v. Philip Morris Companies, Inc.Massachusetts Supreme Judicial Court · 2004
  4. Peil v. SpeiserCourt of Appeals for the Third Circuit · 1986
  5. Leardi v. BrownMassachusetts Supreme Judicial Court · 1985

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3Cited by15 opinions

  1. Pfizer Inc. v. Superior CourtCalifornia Court of Appeal · 2010
  2. Bellermann v. Fitchburg Gas & Electric Light Co.Massachusetts Supreme Judicial Court · 2014
  3. Bellermann v. Fitchburg Gas and Electric Light Co.Massachusetts Supreme Judicial Court · 2016
  4. Gammella v. P.F. Chang's China Bistro, Inc.Massachusetts Supreme Judicial Court · 2019
  5. In re M3 Power Razor System Marketing & Sales Practice LitigationDistrict Court, D. Massachusetts · 2010

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