Del. Judge Dismisses Multi-Plaintiff Amiodarone Case Against Teva, Says Claims Preempted

WILMINGTON, Del. — A Delaware federal judge has dismissed a lawsuit accusing Teva Pharmaceuticals of failing to distribute Medication Guides with its generic Cordarone and failing to report adverse events concerning “off-label” uses to the FDA, ruling that the claims are impliedly preempted because the plaintiffs improperly seek to enforce the Food, Drug and Cosmetic Act.

In a March 2 order, Judge Colm F. Connolly of the U.S. District Court for the District of Delaware further ruled that to the extent the claims are based upon the content of the Medication Guides and online information regarding off-label uses are expressly …