‘Implied Disease Claims’ Preempted by FDCA, Calif. Federal Judge Rules
January 22, 2024
SACRAMENTO, Calif. — On a motion for reconsideration, a California federal judge has dismissed an action accusing GOLO Inc. of falsely marketing its diet pill as a treatment for “insulin resistance,” ruling that the plaintiff’s “implied disease claims” are impliedly preempted by the Food, Drug and Cosmetic Act.
In a Jan. 8 order, Judge Dale A. Drozd of the U.S. District Court for the Eastern District of California agreed with defendants that the claim should be dismissed in accordance with the 9th Circuit’s 2022 decision in Nexus Pharmaceuticals, Inc. v. Central Admixture Pharmacy Services, Inc.
Vincenzza Bubak asserted claims …