N.Y. Federal Judge Dismisses Class Action Targeting ‘Rapid Release’ Acetaminophen

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 …