La. Federal Judge Dismisses CoolSculpting Case with Leave to Amend

BATON ROUGE, La. — A Louisiana federal judge has dismissed a lawsuit accusing Allergan Inc. and its subsidiary of failing to adequately warn that their CoolSculpting fat-freezing system can cause an overgrowth of unwanted fat, ruling the learned intermediary doctrine bars the failure-to-warn claim, as pled.

In a Feb. 7 order, Magistrate Judge Richard L. Bourgeois Jr. of the Middle District of Louisiana also dismissed the claims for design and manufacturing defect, and breach of warranty as inadequately pled.

CoolSculpting is a medical device intended to freeze away fat without surgery. Zeltiq Aesthetics Inc., the manufacturer of the CoolSculpting system, …