CPM Appointed to Leadership Position in Important Consumer Fraud Case


The federal district court for the Eastern District of New York appointed Cotchett, Pitre & McCarthy, LLP to the Plaintiffs’ Steering Committee in an important consumer fraud class action.

On April 3, 2024, Judge Brian Cogan, who is presiding over the Nasal Decongestants Multidistrict Litigation (In re: Oral Phenylephrine Marketing and Sales Practices Litigation, MDL No. 1:23-md-3089-BMC), appointed CPM to serve on the Plaintiffs’ Steering Committee as part of the overall Plaintiffs’ leadership structure. The Nasal Decongestants MDL relates to Defendants’ alleged conduct in promoting, marketing, advertising, distributing, labeling, and/or selling of products containing phenylephrine, which is a compound that Defendants represented as effective as a decongestant and which is used as an active ingredient in hundreds of over-the-counter, orally-administered medication products. The cases allege that phenylephrine is not effective as a nasal decongestant, and that Defendants had been aware of this fact for years.  As a result, the litigation alleges that Plaintiffs overpaid for medications containing this substance.

CPM has been one of the nation’s leading plaintiffs’ law firms practicing complex litigation for more than fifty years and has recovered substantial damages and settlements for injured plaintiffs. CPM has built a practice and reputation, nationwide in scope, for prosecuting socially just actions. This leadership appointment in the Nasal Decongestants MDL continues CPM’s decades-long history of leadership roles in consumer class actions and Multidistrict Litigation.

For further information about the litigation, please contact CPM at: Adam Zapala or Alexander Barnett.

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