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home : news : state news free July 20, 2017

7/8/2017 12:04:00 PM
Judge tosses suit by consumer angered by ointment in tube

CHICAGO (AP) — Anyone who has ever struggled to get a last bit of toothpaste or other substance out of a tube may have pulled for an Illinois woman who literally tried to make a federal case out of just such a frustration.

But a Chicago federal judge has tossed Alana Hillen’s class-action lawsuit against Blistex Inc. that alleged she was cheated because her tube of Medicated Lip Ointment couldn’t be entirely emptied.

The Chicago Daily Law Bulletin ( reports Judge Elaine Bucklo said in a Wednesday ruling that most consumers understand there will always be some product they can’t get out of a container. For that and other reasons, she said Hillen can’t plausibly claim she was deceived.

Hillen’s lawyer said the plaintiffs are considering their options, which could include an appeal.


Information from: Chicago Daily Law Bulletin ,

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