Zantac MDL Judge Refuses to Dismiss Economic Loss Class Claims

WEST PALM BEACH, Fla. — The judge overseeing the federal docket for Zantac injury cases has refused to dismiss plaintiffs’ economic loss class complaint to the extent it seeks refunds for over-the-counter ranitidine drugs, ruling their claims for breach of warranty and unjust enrichment are not preempted.

In an Oct. 6 order, Judge Robin L. Rosenberg of the U.S. District Court for the Southern District of Florida explained that fraud on the FDA is not a necessary element of the claims, therefore they are not preempted pursuant to Buckman v. Plaintiffs’ Legal Committee.

Plaintiffs in the Second Amended Economic Loss …