CLASS

4.1     The class shall specifically consist of all Texas consumers of Warner-Lambert Consumer Healthcare’s N.K.A. Pfizer, Inc.’s. “NIX Lice Treatment,” Bayer Corporation’s "RID Lice Killing Shampoo” Del Pharmaceutical, Inc.’s and Del Laboratories, Inc.’s “Pronto Lice Treatment,” and Care Technologies, Inc.’s “Clear Lice Egg Remover” or “Clear Lice Killing Shampoo,” who purchased said products in Texas within the last four years and who followed Defendants’ prescribed instructions and whose lice infestation was not cured.

4.2     This action is properly maintainable as a class action for the following reasons:

    a)     The class members are believed to consist of well over several thousand consumers of Defendants’ products in Texas and hence are so numerous that joinder of all class members is impractical.

    b)     There are questions of law and fact common to the members of the class. The common questions include, among others, whether the named Defendants' lice killing products are effective at killing lice, as represented by Defendants. Plaintiffs assert that there are common legal and factual issues as to Defendants' claim that their products are effective at killing lice and lice eggs, and at curing lice infestation.

    c)     The claims that are brought in this action are typical of the claims of the members of the class, and Plaintiffs will fairly and adequately represent and protect the interests of all of the class. Plaintiffs have no interest that is in competition with or antagonistic to those of the remainder of the class. Also, the attorneys representing the class are qualified, experienced and able to conduct the proposed litigation.

    d)     The questions of law and fact are common to the members of the class predominate over any questions affecting only individuals and particularized members concerns.

    (e)     A class action is superior to any other method of litigation for the fair and efficient adjudication of the claims set forth herein, and no unusual difficulties are likely to be encountered in the management of this class action. The likelihood of many of the individual class members prosecuting separate claims is extremely remote and justice will be denied to many if not permitted to be recognized as members of a class in this suit.

    (f)     Defendants, Warner-Lambert Consumer Healthcare’s N.K.A. Pfizer, Inc., Bayer Corporation, Del Pharmaceutical, Inc., Del Laboratories, Inc., and Care Technologies, Inc. have not acted or refused to act appropriately and consistently with their obligations to class members on grounds generally applicable to all members of the proposed class, thereby making recovery of damages with respect to the class as a whole a preferred choice.

    g)     The prosecution of separate actions by individual class members would create a risk of inconsistent or varying adjudications and might be dispostive of the interests of other class members who are not parties to those adjudications or may substantially impair or impede their ability to protect their interests.

    h)     The prosecution of a single class action serves the ends of judicial economy and reduces the risk of burdening the judicial system with multiple pieces of litigation by various individual class members. Both the Plaintiffs' class and the Defendants will benefit from such efficiency.