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ACLU, Abortion Group Refuse To Settle Deceptive Ad Lawsuit

At Issue: Allegedly Deceptive Advertisement By National Abortion Federation Which Does Not Detail Side Effects of RU-486
CHICAGO -- The National Abortion Federation today turned down an offer to settle a lawsuit alleging deceptive advertising stemming from its $2 million national magazine ad campaign for the abortion pill, RU-486, according to the Plaintiffs in the case.
“We were in court this morning, fighting their procedural maneuvers,” says Nancy Koprowski, the lead plaintiff in the case, filed in the Chancery Division of the Circuit Court of Cook County. “And after that, their attorney, who is with the American Civil Liberties Union (ACLU), came up to us and said the client does not want to settle this matter.”
The Plaintiffs, including Mrs. Koprowski, Mr. Gene Koprowski, and Mr. Curt Mercadante, all Chicago residents who were outraged over the deceptive RU-486 ads, offered to settle the matter, and hold the Defendant harmless for all damage caused. The ads, which are running in Vanity Fair, Cosmo, People, and other magazines, state that the abortion pill is safe -- but fail to disclose the side effects of the drug, as all other drug sellers do. That’s the main issue of the lawsuit.
“We offered them a simple settlement,” says Mrs. Koprowski. “If they simply state in their ads that there are side effects, we will drop the suit. But they have refused. Flat out. They don’t want to tell the real truth about the drug they’re marketing.”
This morning, before the Hon. Judge Lester Foreman, the parties set a final hearing date of 17 December, 2001 at 11:30 a.m. to battle over the main legal issues of the case. The NAF is represented by the ACLU in Chicago, and attorneys from the Washington D.C.-based law firm headed by former White House counsel Lloyd Cutler.

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