Product Liability: Bausch & Lomb designed, manufactured, labeled, advertised, distributed, and/or sold the product in an unreasonably unsafe condition.Negligence:Bausch & Lomb had a duty to exercise reasonable care to properly prepare, design, research, develop, manufacture, inspect, label, market, promote, and sell their contact lens solution ReNu with MoistureLoc, which they introduced into the stream of commerce, including a duty to insure their contact lens solution does not cause users to suffer from unreasonable, dangerous or untoward adverse side effects.
Failure to Warn: At all times relevant, Bausch & Lomb owed a duty to properly warn consumers of the risks, dangers, and adverse side effects of their contact lens solution. Despite the fact that the Bausch & Lomb knew or should have known that their contact lens solution caused unreasonable and dangerous side effects which many users would be unable to remedy by any means, the Bausch & Lomb continued to promote and market their drug to consumers, including plaintiffs, when safer and more effective methods of countering the negative health effects of menopause were available. Bausch & Lomb were or should have been in possession of evidence demonstrating that their product caused serious side effects. Nevertheless, they continued to market their product by providing false and misleading information with regard to their safety and efficacy.
Breach of Implied Warranties: At the time that Bausch & Lomb manufactured, labeled, advertised, distributed, and/or sold the product, Bausch & Lomb knew of the use for which the product was intended and impliedly warranted that it was a merchantable quality and fit for its essential purpose.
Misrepresentation: Bausch & Lomb misrepresented in the product's labeling and promotional materials that the product was safe and omitted and/or concealed adverse information regarding its safety. When Bausch and Lomb removed the product from retailers shelves in April 2006, information supplied to the public was insufficient and compared with the previous marketing of the product acted as a misrepresentation of the dangers related ot the product so that even though the product was no longer available for sale, consumers continued to use the product that they had in their possession.
BREACH OF EXPRESS WARRANTY: Bausch & Lomb through description, affirmation of fact, and promise relating to their contact lens solution ReNu with MoistureLoc to the FDA, and the general public, including plaintiffs, expressly warranted that their product was both efficacious and safe for its intended use. Bausch & Lomb's contact lens solution did not conform to these express representations in that it is neither safe nor effective and its use produces serious adverse side effects. As such, Bausch & Lomb product were neither in conformity to the promises, descriptions, or affirmations of fact made nor adequately, labeled, or fit for the ordinary purposes for which such goods are used. Bausch & Lomb thereafter breached their express warranties to plaintiffs in violation of the applicable provisions of the Pennsylvania [plug in correct state] Uniform Commercial Code as amended by: (i) manufacturing, marketing, packaging, labeling, and selling contact lens solution to plaintiffs in such a way that misstated the risks of injury, without warning or disclosure thereof by package and label of such risks to the plaintiffs without so modifying or excluding such express warranties; (ii) manufacturing, marketing, packaging, labeling, and selling contact lens solution to plaintiffs, which failed to "Clean, Disinfect, Rinse, Store, [and] Remove Protein"
