Eike v. Allergan, Inc.

Plaintiff failed to state viable cause of action in claim alleging that defendants violated Illinois Consumer Fraud Act by producing eye drop product used to treat glaucoma, where said product had dosage that exceeded 16 microliters that plaintiff contended exceeded optimal size of dosage for treatment of glaucoma. Gist of plaintiff’s claim that price of eye drops is excessive because smaller dosage could be sold at lower price and still properly treat glaucoma, did not state valid claim for fraud, where: (1) plaintiff failed to allege that defendants colluded among each other to set price of eye drops; (2) plaintiffs could only assume that switch to selling smaller dosage of eye drops would decrease defendants’ profits; and (3) plaintiff failed to allege that defendants had misrepresented quality of their eye drops. Ct. further noted that FDA had previously determined that defendants’ product was safe and effective for treatment of glaucoma.