Gredell v. Wyeth Laboratories, Inc.

State: Illinois

Court: 1st District Appellate

Docket No: 1-02-0198 Rel

Case Date: 01/14/2004

THIRD DIVISION
January 14, 2004

No. 1-02-0198

GORDON GREDELL,

Plaintiff-Appellant and Cross-Appellee,

WYETH LABORATORIES, INC., and AMERICAN
HOME PRODUCTS COMPANY,

Defendants-Appellees and Cross-
Appellants.

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Appeal from the
Circuit Court of
Cook County

Honorable
Dorothy Kirie Kinnaird,
Judge Presiding.

JUSTICE KARNEZIS delivered the opinion of the court:

Plaintiff Gordon Gredell appeals from an order of the trial court dismissing hisclass action consumer fraud suit against defendants Wyeth Industries, Inc., andAmerican Home Products Company and from the court's denial of his motion toreconsider that order. Plaintiff alleged that defendants fraudulently marketed and soldfive prescription drug products, known as Phenergan Expectorants, as cough and coldremedies providing expectoration and anesthetic relief of sore throat knowing that theyhad no scientific support for making either representation. The court dismissedplaintiff's and the class's claims with prejudice, finding that the claims were time barredpursuant to the statute of limitations for the Illinois Consumer Fraud and DeceptiveBusiness Practices Act (815 ILCS 505/1 et seq. (West 2002) (formerly Ill. Rev. Stat.1991, ch. 1211/2, par. 261 et seq.) (the Consumer Fraud Act) and because they were preempted by the Federal Food, Drug and Cosmetic Act of 1938 (21 U.S.C.