Claims Arising from Recall of Contaminated Laxatives Preempted, Judge Rules

NEW YORK — A New York federal judge has dismissed a class action lawsuit against the maker of generic over-the-counter laxative products that were recalled due to a bacterial contamination, ruling the claims are expressly preempted because the Food, Drug and Cosmetic Act does not mandate disclosure of a bacterium as a contaminant in the products’ ingredients list.

Judge Vincent L. Briccetti of the U.S. District Court for the Southern District of New York further reasoned that the manufacturer was not required by federal law to warn of the presence — or potential presence — of a bacterium on the …


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December 18, 2023


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