KV Action Over Metoprolol Preempted: Judge

Law360, New York (January 7, 2010, 12:21 PM EST) -- A federal judge has dismissed a putative class action against KV Pharmaceutical Co. over its hypertension drug metoprolol succinate, which was recalled in 2009 after KV was found to have violated federal regulations in its manufacture.

Stephen N. Limbaugh Jr. of the U.S. District Court for the Eastern District of Missouri ruled Tuesday that although Missouri resident Allen Lefaivre brought the suit under Missouri state law, he was actually seeking recovery for violations of the federal Food, Drug and Cosmetic Act.

Because the FDCA doesn't create...
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