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BOBER v. GLAXO WELLCOME PLC

No. 99-3440.

246 F.3d 934 (2001)

Estelle BOBER, Executor of the Estate of Mortimer Bober, on behalf of Mortimer Bober and all others similarly situated, Plaintiff-Appellant, v. GLAXO WELLCOME PLC, Warner Lambert Corporation, and Warner Wellcome Consumer Healthcare Incorporated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 2001.

Attorney(s) appearing for the Case

Howard Brian Prossnitz (argued), Chicago, IL, Francine Schwartz, Arlington Heights, IL, for plaintiff-appellant.

John R. Myers and Thomas J. Muldoon, Bell, Boyd & Lloyd, LLC, Chicago, IL, for Glaxco Wellcome Inc.

Constantine Trela, Jr. (argued), John W. Treece and Eric S. Mattson, Sidley & Austin, Chicago, IL, for Warner-Lambert Co. and Warner-Lambert Consumer Healthcare.

Before POSNER, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Mortimer Bober brought a class action lawsuit against the firms that manufacture and market Zantac 75 and Zantac 150, the over-the-counter and prescription strength forms of the stomach acid reliever ranitidine, on the ground that the firms provide consumers with false and misleading information about the substitutability of the two drugs, in violation of Illinois law. The district court dismissed Bober's claims under Fed.R.Civ.P. 12(b)(6...

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