‘Preservative-Free’ Allergan Eye Drops Contain Bacteria-Halting Preservative, Class Action Lawsuit Claims

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Allergan USA faces a proposed class action lawsuit that alleges the pharmaceutical company has deceptively labeled its Refresh Tears PF eye drops as “preservative-free,” even though the product contains boric acid, a preservative.

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The 17-page false advertising lawsuit alleges that Allergan has intentionally labelled, marketed, and advertised the Refresh Tears PF eye drops with false and misleading “preservative-free” claims to both distinguish the product from those sold by competitors and encourage consumers to purchase the eye drops at a premium price.

According to the suit, the Refresh Tears PF eye drops contain boric acid, a common eye drop preservative with bacteriostatic effects that stop bacteria from reproducing. Allergan does not disclose the presence of boric acid on product labels, the filing says.

“[Allergan] employs professional chemists to create the chemical formulas of [its] products,” the case relays, and thus the company “knew or should have known” that boric acid is, in fact, a preservative. However, consumers have no way to know this, the case contends, and relied on the “deceitful” representation that the eye drops were preservative-free.

The case asserts that Allergan did not disclose the boric acid in its eye drops because, effectively, it did not believe its customers were “educated enough” to tell the difference.  

The lawsuit claims that Allergan “impaired” consumers' ability to make informed decisions, leading them to purchase products that were not preservative-free as the label indicated. Additionally, the false claims made by Allergan “fraudulently, deceptively, and unfairly” increased consumer demand for its eye drops, while failing to deliver a product with the desired feature, the case charges.

The plaintiffs both purchased the eyedrops with the understanding that the “preservative free” claim was accurate, the case says. As a result of Allergan’s omissions, the plaintiffs lost money, wasted time, and experienced stress, aggravation, and a loss of confidence in the product labeling.

The Allergan USA class action lawsuit seeks to cover all United States residents who purchased the products during the applicable statute of limitations period.

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