There is a big Darvocet Lawsuit Update going on at the moment. That’s the case because it seems that the Lawyers are getting ready to present their case in the Federal Court against the makers of Darvocet, a very popular tooth whitening product. Many Lawyers have been retained and some are having little luck in getting a fair trial in the courts.
The Lawyers have been pushing this case for several years now, having lost earlier battles with the FDA.
They’d claimed that they had a valid patent for the product, when in fact it was not granted before Darvocet was produced. This created all sorts of problems for the Lawyers. First they lost the battle, then their case was delayed many times and finally, after going to the Appeals Court, their appeal was thrown out.
The Lawsuit Update is based on the original complaint that was filed against Darvocet by the Cosmetic Manufacturers Association of America, also known as the CCAA. The CCAA, as you may be aware, is comprised of major cosmetic manufacturers.
They are well funded by Pharmaceutical companies and spent millions of dollars in legal fees to support this case. If you read their Complaint, you’ll see that they claimed that Darvocet was unsafe and caused irreparable harm, when in fact there were no such problems with their previous products. In fact, all of their prior dental remedies, which were approved by the FDA, were allowed to go forward. So if there was something that went wrong in those earlier cases, it could have been attributed to contamination of the ingredients in the Darvocet-manufactured teeth whiteners, not the actual tooth whitening procedure itself.
So what’s really going on here? Why are the attorneys getting tough with this case? There are many factors that have come into play here and I’d like to take a look at a few of them to see if perhaps one or more of them apply to your situation:
The Complaint says that Darvocet acted “recklessly” and” negligently”.
Well, let me just say that again – they acted recklessly! That is an irresponsible thing to say in a legal filing, and I’m sure that any attorney reading this article would agree. It is also one of the reasons that I can’t understand how the CCAA goes after them: who on Earth believes their brand to be defective? Now, I’m sure that the attorneys know what they’re talking about, but the rest of us don’t… and that’s why we haven’t seen too much success in the lawsuit update arena.
Additionally, we’ve recently seen several class action lawsuits being sent to the FDA regarding their lax regulations on sunscreen use.
Those laws got stepped up and now companies must prove that their sunscreen was “unmisused” in order to keep their licenses; if they can’t show that, they risk losing those licenses. Now, if this same case gets sent to the FDA, Darvocet could have a new lawyer and a new lawsuit ready to go – and we’d really never know what the case would turn into until it had gone to court.
One more thing to keep in mind with this lawsuit, though.
If the case is lost, does this mean that the other side can come after Darvocet? Yes, absolutely. If the other party doesn’t win the case, they can sue the manufacturer for “breach of warranty”, “fault-based” products, etc. Basically, anything that isn’t directly related to cosmetic issues can be brought into the case. So, while Darvocet is in the news for all the wrong reasons, it could turn into a brand vs. brand war.
Now, I can’t predict how this case will turn out, but it certainly seems that Darvocet’s attorneys are gearing up for a long court battle. And we’ve already seen how the FDA goes after big manufacturers who are too big to sue. (Simmons Foods and Pfizer were two of them.) But that doesn’t mean the lawyers won’t have enough to go after the manufacturer. Indeed, this could be another blockbuster lawsuit.