Allergan Urges MDL Judge to Dismiss Biocell Breast Implant Claims as Preempted
January 7, 2021
TRENTON, N.J. — Allergan USA Inc. is urging the federal judge overseeing the national Biocell breast implant multidistrict litigation to dismiss the claims as preempted, arguing that plaintiffs impermissibly challenge the design, manufacture, labeling and post-sale reporting for the Food and Drug Administration-approved devices.
In a Jan. 5 supplemental brief filed in the U.S. District Court for the District of New Jersey, Allergan says the claims are aimed directly at the FDA’s regulatory oversight and, ultimately, at the requirements governing the manufacture, design, distribution, and reporting for the breast implants and breast tissue extenders.
“As a result, Plaintiffs’ claims trigger …