January 11, 2021 – Federal MDL Judge Rosenberg of the U.S. District Court for the Southern District of Florida ruled that design defect claims filed against the manufacturers of Zantac (ranitidine) are preempted by federal law because they seek to challenge the drugs’ FDA approved formula. The judge granted the motion by Sanofi, GlaxoSmithKline, Pfizer Inc and Boehringer Ingelheim to dismiss all state economic damages claims and all claims alleging design defect. But, the judge granted plaintiffs leave to replead their design defect claims that are based on the drugs’ labeling to file narrower design defect claims, which could include labeling changes the defendants could have made without FDA approval.
The judge also dismissed state law claims seeking to recoup monetary losses from buying over-the-counter ranitidine, finding the Congress didn’t intend for any state to classify a claim as a product liability claim when the plaintiff was not personally injured.
Reference: Name Brand Drug Cos. Ax Labeling Claims In Zantac MDL. January 12, 2021, www.law360.com/productliability/articles/1343567/name-brand-drug-cos-ax-labeling-claims-in-zantac-mdl?nl_pk=4ea5443d-d995-4317-90cc-b8209e697bbb&utm_source=newsletter&utm_medium=email&utm_campaign=productliability