Below is the first part of an article by Gordon Gibb from It reads…

San Jose, CA: A proposed Zoloft class-action lawsuit alleging Zoloft is a defective drug because it offers little more efficacy than a placebo, or so it is alleged, was recently tossed by a federal judge due to a time-barring issue and other legal implications. However all is not lost; the presiding magistrate left the door open a crack for a possible continuation of the complaint, with some revisions.

in Plumlee v. Pfizer Inc., Case No. 5:13-cv-00414, in the US District Court for the Northern District of California, plaintiff Laura Plumlee took Zoloft manufacturer Pfizer to task for marketing a drug that was alleged to be ineffective, with questionable efficacy, due to a claim that most clinical trials found that Zoloft was no more effective than a placebo, or so Plumlee claimed.

Her lawsuit alleges that Pfizer purposely omitted, in Zoloft labeling, any studies that showed Zoloft to be ineffective, while favoring studies that showed Zoloft was, indeed, more effective than a placebo. Plumlee also alleged that Pfizer’s marketing and advertising was also misleading in touting Zoloft, an antidepressant, as effective.

However, Plumlee’s claim was dismissed not on her argument of effectiveness, but due to time barring. It has been reported that Plumlee brought her defective drug lawsuit under two statutes observed by the state of California: that of the Unfair Competition Law, and the Consumer Legal Remedies Act and False Advertising Law.


Marc Primo Pulisci is a Los Angeles based attorney practicing with Initiative Legal Group. Marc Primo Pulisci has been practicing law for over 10 years. Find Marc on Marc Primo TwitterMarc Primo MantaMarc Primo FacebookMarc Primo SquarespaceMarc Primo Dot ComMarc Primo Pulisci Dot ComMarc Primo MyspaceMarc Primo Pulisci BlogMarc Primo WordPressMarc Primo Blog Marc Primo Quora Marc Primo Foursquare Marc Primo Manta Marc Primo Merchant Circle Marc Primo Yellow Book Marc Primo Google Plus Marc Primo Law360 Marc Primo Zoho Docs Marc Primo Blogspot