E.D.N.Y. deals blow to plaintiffs’ claims – including mislabeling, false advertising and RICO claims – in multidistrict litigation concerning nasal decongestant phenylephrine

Takeaway: When it comes to mislabeling and related claims, and especially when human safety is not implicated, express preemption under the federal Food, Drug and Cosmetic Act (FDCA) remains a powerful tool in the hands of manufacturers and retailers of over the counter (OTC) drugs. In multidistrict litigation consolidated in the Eastern District of New York, Judge Cogan recently eviscerated the New York state claims alleged by the plaintiffs in a consolidated class action complaint. Judge…
By: Kilpatrick