Judge tosses suit by consumer angered by ointment stuck in tube

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CHICAGO — Anyone who has ever struggled to get a last bit of toothpaste or other substance out of a tube may have pulled for an Illinois woman who literally tried to make a federal case out of just such a frustration.

But a Chicago federal judge has tossed Alana Hillen’s class-action lawsuit against Blistex Inc. that alleged she was cheated because her tube of Medicated Lip Ointment couldn’t be entirely emptied.

The Chicago Daily Law Bulletin reports Judge Elaine Bucklo said in a Wednesday ruling that most consumers understand there will always be some product they can’t get out of a container. For that and other reasons, she said Hillen can’t plausibly claim she was deceived.

Hillen’s lawyer said the plaintiffs are considering their options, which could include an appeal.