Ore. Federal Allergan Breast Implant Case Dismissed as Preempted
April 11, 2023
PORTLAND, Ore. — An Oregon federal judge has dismissed a lawsuit targeting Allergan’s silicone breast implants, ruling the claims are preempted by the Food, Drug and Cosmetic Act because the plaintiff failed to allege the company violated a federal requirement that parallels state law.
In an April 10 order, Judge Michael J. McShane of the U.S. District Court for the District of Oregon found “most of the complaint contains conclusory statements rather than factual allegations.”
“For example, Plaintiff alleges that the implants were ‘defective, dangerous and adulterated upon manufacture as they were contaminated and were manufactured with nonconforming materials and …