Third Amended Master Long Form Complaint - Dispute Resolution ...

28. They made false and misleading representations andomissions of material facts regarding Reglan and/orgeneric metoclopramide;29. They concealed and otherwise failed to publicize therisk of injury associated with Reglan and/or genericmetoclopramide in order to promote sales of the drugand maximize profits; and30. They engaged in advertising and promotion of Reglanand/or metoclopramide without conducting sufficientpre-clinical, clinical and post-approval testing andadequate post-marketing surveillance and analyses ofthe drug.202. The DRUG COMPANY DEFENDANTS thereby intended to and did affect theprice of Reglan and generic metoclopramide, unfairly and deceptively maintained the price ofReglan and generic metoclopramide at an inflated level not otherwise obtainable, and causedPlaintiffs and the consuming public generally to pay more for these products than was warrantedor than they would otherwise have paid in the absence of the misrepresentations andconcealment.203. The above-described conduct, practices, acts and omissions were immoral,oppressive, unethical and/or unscrupulous, in violation of international treaty and law, and/oroffensive to public policy.204. The above-described conduct, practices, acts and omissions caused consumerspermanent and substantial financial loss, which loss could not reasonably have been avoided, andwhich was not outweighed by any countervailing benefit to the consuming public. Consumers ingeneral, Plaintiffs in particular, incurred unnecessary expenses for a product that was purchasedonly because of the unfair, unscrupulous, oppressive and/or deceptive acts or practices of theDRUG COMPANY DEFENDANTS.205. As a consequence of this wrongful conduct, by BRAND NAME DEFENDANTSand the other DRUG COMPANY DEFENDANTS, Plaintiffs suffered an ascertainable financial- 70 -Case ID: 100101997