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| "Many frustrated consumers have had enough. Now they are taking their concerns to court. Seems the manufacturers of RID, NIX, A-200, and other over the counter lice treatments may cough up some dough, and possibly be forced to pull these ineffective & therefore allegedly fraudulent products off the shelves of many local drugstore chains' shelves. It's about time. " ~ Sheer ~ |
| II. PARTIES 1.1 Plaintiffs/Class Representative(s). (a) Dwight Williams is a resident of Orange County, Texas. (b) Chana McIntyre is a resident of Orange County, Texas. (c) Chad Pilitere is a resident of Orange County, Texas. 2.2 Service of Process (a) The Defendant Warner-Lambert Consumer Healthcare N.K.A Pfizer, Inc. is a New Jersey corporation doing business in Texas for the purpose of accumulating monetary profit and has not designated a registered agent for service in the State of Texas and does not maintain a regular place of business in Texas. Plaintiffs hereby serve the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute Tex. Civ. Prac. & Rem. Code § 17.044 and ask the Secretary of State to serve Defendant, Warner-Lambert Consumer Healthcare N.K.A. Pfizer, Inc., at its home office via Certified Mail - Return Receipt Requested located at 1201 Tabor Rd., Morris Plains, New Jersey 07950. (b) The Defendant Bayer Corporation is a Pennsylvania corporation doing business in Texas for the purpose of accumulating monetary profit and has not designated a registered agent for service in the State of Texas and does not maintain a regular place of business in Texas. Plaintiffs hereby serve the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute Tex. Civ. Prac. & Rem. Code § 17.044 and ask the Secretary of State to serve Defendant, Bayer Corporation, at its home office via Certified Mail - Return Receipt Requested located at 100 Bayer Road, Pittsburgh, PA 15205-9741. (c) The Defendant Del Pharmaceutical, Inc., a wholly-owned subsidiary of Defendant Del Laboratories, Inc. is a Delaware corporation doing business in Texas for the purpose of accumulating monetary profit which has not designated a registered agent for service in the State of Texas and does not maintain a regular place of business in Texas. Plaintiffs hereby serve the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute and ask the Secretary of State to serve Defendant, Del Pharmaceuticals, Inc., at its home office located at 178 EAB Plaza, Uniondale, New York 11556. (d) The Defendant Del Laboratories, Inc. is a Delaware corporation doing business in Texas for the purpose of accumulating monetary profit which has not designated a registered agent for service in the State of Texas and does not maintain a regular place of business in Texas. Plaintiffs hereby serve the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute and ask the Secretary of State to serve Defendant, Del Laboratories, Inc., at its home office located at 178 EAB Plaza, Uniondale, New York 11556. (e) The Defendant Care Technologies, Inc. is a Connecticut corporation doing business in Texas for the purpose of accumulating monetary profit which has not designated a registered agent for service in the State of Texas and does not maintain a regular place of business in Texas. Plaintiffs hereby serve the Secretary of State of the State of Texas pursuant to the Texas Long Arm Statute and ask the Secretary of State to serve Defendant, Care Technologies, Inc., at its home office located at 10 Corbin Drive, Darien, Connecticut 06820. |
| III. CLASS ACTION ALLEGATIONS 3.1. Plaintiffs bring the claims alleged herein as a class action, pursuant to Tex.R.Civ.P. 42, on behalf of themselves and all other similarly situated consumers of Defendants’ products residing in Texas. The class will consist of Texas residents who purchased and used Warner-Lambert Consumer Healthcare’s N.K.A. Pfizer, Inc.’s. “NIX Lice Treatment,” Bayer Corporation’s “RID Lice Killing Shampoo,” Del Pharmaceutical, Inc.’s and Del Laboratories, Inc.’s “Pronto Lice Treatment,” and Care Technologies, Inc.’s “Clear Lice Egg Remover” or “Clear Lice Killing Shampoo”, and received no effective benefit from the use of such products. |
| V. Jurisdiction and Venue 5.1 This suit is brought, in part, pursuant to TEX. BUS. & COM. CODE §17.41, et seq., commonly known as the Texas Deceptive Trade Practices - Consumer Protection Act and pursuant to TEX. BUS. & COM. CODE §2.313(a). 5.2 Venue of this action is proper in Orange County, Texas. Specifically, venue is permissive pursuant to TEX. CIV. PRAC. & REM. CODE §15.033 because it is the county in which the Plaintiffs resided at the time the acts or omissions giving rise to Plaintiffs’ cause of action occurred, as the causes of action accrued, it is the county in which the Plaintiffs purchased Defendants’ products, and the county in which the Defendants’ products failed to kill lice infestation. 5.3 Defendants regularly and systematically do business within the State of Texas, and have, therefore, subjected themselves to specific and general jurisdiction of this court. Plaintiffs’ damages exceed the minimum jurisdictional limits of this court. |
| IV. CLASS 4.1 The class shall specifically consist of all Texas consumers of Warner-Lambert Consumer Healthcare’s N.K.A. Pfizer, Inc.’s. “NIX Lice Treatment,” Bayer Corporation’s "RID Lice Killing Shampoo” Del Pharmaceutical, Inc.’s and Del Laboratories, Inc.’s “Pronto Lice Treatment,” and Care Technologies, Inc.’s “Clear Lice Egg Remover” or “Clear Lice Killing Shampoo,” who purchased said products in Texas within the last four years and who followed Defendants’ prescribed instructions and whose lice infestation was not cured. 4.2 This action is properly maintainable as a class action for the following reasons: a) The class members are believed to consist of well over several thousand consumers of Defendants’ products in Texas and hence are so numerous that joinder of all class members is impractical. b) There are questions of law and fact common to the members of the class. The common questions include, among others, whether the named Defendants' lice killing products are effective at killing lice, as represented by Defendants. Plaintiffs assert that there are common legal and factual issues as to Defendants' claim that their products are effective at killing lice and lice eggs, and at curing lice infestation. c) The claims that are brought in this action are typical of the claims of the members of the class, and Plaintiffs will fairly and adequately represent and protect the interests of all of the class. Plaintiffs have no interest that is in competition with or antagonistic to those of the remainder of the class. Also, the attorneys representing the class are qualified, experienced and able to conduct the proposed litigation. d) The questions of law and fact are common to the members of the class predominate over any questions affecting only individuals and particularized members concerns. (e) A class action is superior to any other method of litigation for the fair and efficient adjudication of the claims set forth herein, and no unusual difficulties are likely to be encountered in the management of this class action. The likelihood of many of the individual class members prosecuting separate claims is extremely remote and justice will be denied to many if not permitted to be recognized as members of a class in this suit. (f) Defendants, Warner-Lambert Consumer Healthcare’s N.K.A. Pfizer, Inc., Bayer Corporation, Del Pharmaceutical, Inc., Del Laboratories, Inc., and Care Technologies, Inc. have not acted or refused to act appropriately and consistently with their obligations to class members on grounds generally applicable to all members of the proposed class, thereby making recovery of damages with respect to the class as a whole a preferred choice. g) The prosecution of separate actions by individual class members would create a risk of inconsistent or varying adjudications and might be dispostive of the interests of other class members who are not parties to those adjudications or may substantially impair or impede their ability to protect their interests. h) The prosecution of a single class action serves the ends of judicial economy and reduces the risk of burdening the judicial system with multiple pieces of litigation by various individual class members. Both the Plaintiffs' class and the Defendants will benefit from such efficiency. |
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| CAUSE NO. B010023-C DWIGHT WILLIAMS, CHANA McINTYRE AND CHAD PILITERE vs WARNER-LAMBERT CONSUMER HEALTHCARE, N.K.A. PFIZER, INC., BAYER CORPORATION, DEL PHARMACEUTICAL, INC., DEL LABORATORIES, INC. AND CARE TECHNOLOGIES, INC. IN THE DISTRICT COURT 163 JUDICIAL DISTRICT ORANGE COUNTY, TEXAS Plaintiffs Original Petition Plaintiffs, DWIGHT WILLIAMS, CHANA MCINTYRE AND CHAD PILITERE, as Rule 42 Class Representatives, on behalf of themselves and all other similarly situated individuals, complain of the conduct of Defendants, Warner-Lambert Consumer Healthcare, N.K.A. Pfizer Inc., Bayer Corporation, Del Pharmaceutical, Inc., Del Laboratories, Inc. and Care Technologies, Inc. as set forth herein: DISCOVERY CONTROL PLAN 1.1 Plaintiffs request that this case proceed under a Level 3 discovery control plan. |
| " All of the Lawsuit Documents seen on this page as well as the following pages, have been provided as a public service message by Safe2Use. Special *THANKS* go out to Safe2Use for allowing me to use them here in my own efforts to inform others of this matter. " |
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