Mass. Class Action Targeting ‘Rapid Release’ Acetaminophen Dismissed

BOSTON — A Massachusetts federal judge has dismissed a putative class action alleging that Johnson & Johnson Consumer Inc.’s “rapid release” Tylenol acetaminophen gelcaps did not work faster than lower-priced acetaminophen products, ruling that the Food, Drug and Cosmetic Act preempts the claims.

On July 31, Judge Allison D. Burroughs of the U.S. District Court for the District of Massachusetts explained that the plaintiff impermissibly sought to change the gelcaps’ FDA-approved labeling requirement, which doomed her claims.

Rhonda Musikar-Rosner alleged that J&J’s over-the-counter Tylenol Extra Strength Rapid Release Gels do not work faster than other, lower-priced acetaminophen products. She cited …