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Civil Rights,
Civil Litigation

Sep. 29, 2021

Judge dismisses ‘pink tax’ suit against Walgreens

“Because it is impossible to comply with both federal law and plaintiff’s interpretation of state law, her state law claims ... are preempted, as the Supreme Court has twice held in cases involving generic drug labels,” said the motion filed for Walgreens by DTO Law.

A U.S. District Judge granted Walgreens' motion for dismissal of a class action claiming the pharmacy store chain put a so-called pink tax on women's products.

In April, attorneys at Schubert Jonckheer & Kolbe LLP filed the putative class action claiming that Walgreens' marketing of hair growth treatments violated false advertising laws. They said the products had the same active ingredient but the product aimed at women cost 1.5 times...

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