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GROSS v. JOHNSON & JOHNSON-MERCK CONSUMER PHARMACEUTICALS CO.

303 N.J. Super. 336 (1997)

BERNARD GROSS, STEPHEN FEINBERG, PATRICIA M. DIMARCO AND LORETTA LENTO, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS, v. JOHNSON & JOHNSON-MERCK CONSUMER PHARMACEUTICALS CO., JOHNSON & JOHNSON AND MERCK & CO., INC., DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided February 5, 1997.

Attorney(s) appearing for the Case

Christopher T. Reyna (admitted pro hoc vice) for plaintiffs (Bernard M. Gross, P.C., attorneys; Deborah R. Gross on the brief); (Kalikman & Masnik, attorneys; Peter L. Masnik on the brief).

Steven A. Zalesin, (admitted pro hoc vice) for defendants (Patterson, Belknap, Webb & Tyler, attorneys); (Bazelon & Less, attorneys; Jeffrey A. Less, on the brief).

WELLS, A.J.S.C.

This is a case involving a consumer fraud lawsuit against Johnson & Johnson-Merck Consumer Pharmaceuticals (hereinafter "J & J") for its allegedly false advertising of a product it manufactures and markets called Pepcid AC (hereinafter "Pepcid"). The Plaintiffs seek through the instant motion to represent a nationwide class of persons who between June 12, 1995, and October 20, 1995, purchased Pepcid and suffered ascertainable losses, including...

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