Class Action Alleging Link Between Mirena IUD, Breast Cancer, Proceeds in Calif.

SAN JOSE, Calif. — A California federal judge has refused to dismiss a putative class action accusing Bayer Healthcare Pharmaceuticals Inc. of failing to warn that its Mirena intrauterine contraceptive device can cause breast cancer, ruling that the plaintiff has adequately alleged breach of implied warranty.

In a Nov. 22 order, Judge Beth L. Freeman of the U.S. District Court for the Northern District of California dismissed with leave to amend the claims for failure to warn, fraud, violation of California’s Consumer Legal Remedies Act, and unjust enrichment.

Mirena is a hormonal IUD, and specifically a levonorgestrel-releasing intrauterine system. …