Claims Against Generic Fosamax Makers/Sellers Preempted, Judge Rules

TRENTON, N.J. - State law failure-to-warn and negligence claims brought against the manufacturers and sellers of generic Fosamax are federally preempted pursuant to the Supreme Court's recent ruling in PLIVA v. Mensing, a New Jersey federal judge has ruled. In re Fosamax (Alendronate Sodium) Products Liability Litigation, MDL No. 2243, Civ. No. 08-008 (D. N.J.).

On Nov. 21, Chief Judge Garrett Brown of the U.S. District Court for the District of New Jersey ruled that the generic defendants could not have independently altered the alendronate sodium labeling to provide new, different or stronger warnings without violating federal law.

Plaintiffs …