Generic Manufacturers Dismissed from Zantac MDL on Preemption Basis
July 13, 2021
WEST PALM BEACH, Fla. — The judge overseeing the federal Zantac MDL docket has dismissed with prejudice the claims against the generic manufacturer defendants, ruling some of them are impliedly preempted by federal law because they are essentially impermissible “fraud-on-the-FDA” claims.
In a July 8 order, Judge Robin L. Rosenberg of the U.S. District Court for the Southern District of Florida further found the remaining claims sound in design defect, which are preempted pursuant to Mutual Pharmaceutical Co. v. Bartlett, 570 U.S. 472 (2013) because generic drug makers cannot unilaterally change their drugs’ design.
The Judicial Panel on Multidistrict Litigation …