This case was last updated from PACER on 10/22/2021 at 17:20:07 (UTC).

James Jacobson v. Pfizer, Inc.

Case Summary

On October 5, 2021, James Jacobson (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Gillian L. Wade of Milstein Jackson Fairchild and Wade LLP, filed a class action lawsuit against Pfizer, Inc. (“Pfizer” or Defendant”), seeking injunctive relief and damages along with prejudgement and post-judgement interests, among other reliefs, for Defendant’s alleged manufacturing and selling of adulterated VCDs. The case was filed in U.S. District Court in the Central District of California with Judge Alexander F. MacKinnon and Judge R. Gary Klausner presiding.

 

In the complaint, the Plaintiff alleged that, “This case arises from adulterated, misbranded, and unapproved varenicline-containing drugs (“VCDs”) that were designed, manufactured, marketed, distributed, packaged, and/or ultimately sold by Defendant Pfizer, Inc., in the United States under the brand name Chantix®. These VCDs are non-merchantable, and are not of the quality represented by Defendant.”

 

The Plaintiff further alleged that, “Defendant represented and warranted to consumers that its VCDs were therapeutically equivalent to and otherwise the same as the FDA-approved brand name drug Chantix. Specifically, Defendant represented and warranted that the VCDs were fit for their ordinary uses, met the specifications of Defendant’s FDA-approved labeling materials, and were manufactured and distributed in accordance with all applicable laws and regulations” and “Defendant willfully ignored warnings about the operating standards, and knowingly and fraudulently manufactured, sold, labeled, marketed, and/or distributed adulterated and/or misbranded VCDs for purchase in the United States by consumers.”

 

The Plaintiff also alleged that, “Defendant’s VCDs were adulterated and/or misbranded (and thereby rendered worthless) through contamination with a probable human carcinogen known as n-nitroso-varenicline. Additionally, Defendant was on notice of other potential nitrosamines as well, such as n-nitrosdimethylamine (“NDMA”) and n-nitrosodiethlamine (“NDEA”)” and “Ironically, the Defendant’s wrongful acts resulted in persons who sought to use smoking products less end up with a Chantix pill that contained a carcinogen.” The Plaintiff also alleged that, “The Class Plaintiffs paid for VCDs that were illegally and willfully introduced into the market by Defendant, which caused them and the millions of other VCD consumers, to sustain economic damages.”

 

There are eleven claims of relief laid down by the Plaintiff, individually and also on behalf of the class. The first claim alleged is for breach of express warranties. The second claim alleged is for breach of implied warranties. The third claim alleged is for violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, et seq. The fourth claim is alleged is for fraud. The fifth claim alleged is for negligent misrepresentation and omission. The sixth claim alleged is for violation of state consumer protection laws. The seventh claim alleged is for unjust enrichment. The eighth claim alleged is for negligence. The ninth claim alleged is for negligence per se. The tenth claim alleged is for medical monitoring. The eleventh claim alleged is for violation of California’s Consumers Legal Remedies Act, Cal. Civ. Code §§ 1750, et seq. on behalf of the California subclass.

 

In the prayer for relief, the Plaintiff requested the Court for an order certifying this action as class action and appointing the Plaintiff as the Class Representative. Furthermore, the Plaintiff requested the Court for permanent injunctive and declaratory reliefs along with payment of restitution, exemplary or punitive damages, and an award of statutory penalties along with an award of attorneys’ fees, expert witness fees, costs and pre-judgment and post-judgment interest and any other relief the Court deems just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-07961

  • Filing Date:

    10/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Presiding Judge

R. Gary Klausner

Referral Judge

Alexander F. MacKinnon

 

Party Details

Plaintiff

James Jacobson

Defendant

Pfizer, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Gillian L. Wade

Attorney at Milstein Jackson Fairchild and Wade LLP

10990 Wilshire Boulevard Suite 800

Los Angeles, CA 90024

 

Court Documents

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13 #13

Main Document

13 #1

Proposed Order on Application of Non-Resident Attorney to Appear in a Specific C

14 #14

Main Document

14 #1

Proposed Order on Application of Non-Resident Attorney to Appear in a Specific C

8 More Documents Available
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Docket Entries

  • 10/20/2021
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  • Docket(#16) ORDER by Judge R. Gary Klausner granting #14 Non-Resident Attorney David J Stanock APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff James Jacobson, designating Gillian L Wade as local counsel. (jp) (Entered: 10/20/2021)

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  • 10/20/2021
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  • Docket(#15) ORDER by Judge R. Gary Klausner granting #13 Non-Resident Attorney Ruben Honik APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff James Jacobson, designating Gillian L Wade as local counsel. (jp) (Entered: 10/20/2021)

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  • 10/15/2021
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  • Docket(#14) APPLICATION of Non-Resident Attorney David J. Stanoch to Appear Pro Hac Vice on behalf of Plaintiff James Jacobson (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32160711) filed by Plaintiff James Jacobson. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Wade, Gillian) (Entered: 10/15/2021)

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  • 10/15/2021
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  • Docket(#13) APPLICATION of Non-Resident Attorney Ruben Honik to Appear Pro Hac Vice on behalf of Plaintiff James Jacobson (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32160623) filed by Plaintiff James Jacobson. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Wade, Gillian) (Entered: 10/15/2021)

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  • 10/08/2021
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  • Docket(#12) STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) (Entered: 10/08/2021)

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  • 10/08/2021
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  • Docket(#11) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David J. Stanoch. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 10/08/2021)

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  • 10/08/2021
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  • Docket(#10) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ruben Honik. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 10/08/2021)

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  • 10/07/2021
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  • Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Pfizer, Inc. (jtil) (Entered: 10/07/2021)

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  • 10/07/2021
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  • Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 10/07/2021)

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  • 10/07/2021
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 10/07/2021)

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  • 10/07/2021
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Alexander F. MacKinnon. (jtil) (Entered: 10/07/2021)

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  • 10/05/2021
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  • Docket(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff James Jacobson. (Wade, Gillian) (Entered: 10/05/2021)

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  • 10/05/2021
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  • Docket(#4) NOTICE of Interested Parties filed by Plaintiff James Jacobson, (Wade, Gillian) (Entered: 10/05/2021)

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  • 10/05/2021
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  • Docket(#3) DECLARATION of Gillian L. Wade Regarding Venue Pursuant to Civil Code Section 1780(D) filed by Plaintiff James Jacobson. (Wade, Gillian) (Entered: 10/05/2021)

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  • 10/05/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff James Jacobson. (Wade, Gillian) (Entered: 10/05/2021)

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  • 10/05/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32105073 - Fee: $402, filed by Plaintiff James Jacobson. (Attorney Gillian L. Wade added to party James Jacobson(pty:pla))(Wade, Gillian) (Entered: 10/05/2021)

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