N.Y. Federal Judge Dismisses Class Action Targeting ‘Rapid Release’ Acetaminophen
July 6, 2023
NEW YORK — A New York federal judge has dismissed a putative class action alleging that two lines of over the counter “Rapid Release” acetaminophen gelcaps did not work faster than defendants’ lower-priced products, ruling that the claims are preempted by the Food, Drug and Cosmetic Act.
In a June 26 order, Judge Cathy Seibel of the U.S. District Court for the Southern District of New York found plaintiffs impermissibly sought to change the gelcaps’ FDA-approved labeling requirement, which doomed their claims.
New York resident Christine Bischoff filed the action against Albertsons Companies Inc., Acme Markets Inc. and others, alleging …
- Bursor & Fisher
- Foley & Lardner LLP