The Thompsons, residents of Canada, and the MacTavishes, residents of Scotland, filed virtually identical complaints against Merrell Dow Pharmaceuticals in the Court of Common Pleas in Hamilton County, Ohio, claiming negligence, fraud, breach of warranty, and misbranding in violation of the Federal Food, Drug, and Cosmetic Act (FDCA).
The Thompsons, who were residents of Canada, and the MacTavishes, who lived in Scotland, filed complaints against Merrell Dow Pharmaceuticals that were nearly identical. They claimed negligence, fraud, breach of warranty, and misbranding under the Federal Food, Drug, and Cosmetic Act (FDCA).