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

NEW YORK — A New York federal judge has dismissed as preempted a putative class action alleging that contrary to the company’s advertisements, Johnson & Johnson Consumer Inc.’s “Rapid Release” Tylenol gelcaps did not work faster than lower-priced products.

In an Aug. 27 order, Judge Andrew Carter Jr. of the U.S. District Court for the Southern District of New York said the plaintiff impermissibly sought to change the gelcaps’ FDA-approved labeling requirement, which doomed her claims.

New York resident Evie Collaza filed the action, alleging that J&J’s Rapid Release Tylenol product is more expensive than the company’s non-rapid release …