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Expert Analysis

1st Circ. Strengthens Preemption For Brand-Name Drug Cos.

Law360, New York (May 8, 2015, 2:07 PM EDT) -- On Feb. 20, 2015, the First Circuit in In re: Celexa and Lexapro Marketing and Sales Practices Litigation affirmed the dismissal of plaintiffs' state law consumer protection claims against a brand-name pharmaceutical manufacturer, concluding they were impliedly preempted by the Federal Food, Drug, and Cosmetic Act. This decision represents the first time since the U.S. Supreme Court's decision in Wyeth v. Levine, 555 U.S. 555 (2009), that a federal appellate court has dismissed claims against a brand-name drug manufacturer pursuant to the "impossibility" preemption doctrine....

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