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Analysis

Accutane Ruling Raises Bar For Garden State Labeling Claims

Law360 (October 5, 2018, 5:54 PM EDT) -- The New Jersey Supreme Court has raised the bar for proving false labeling claims against drug and device companies in the Garden State with a ruling that ended more than 500 cases alleging F. Hoffmann-LaRoche Inc. didn’t adequately warn of possible gastrointestinal side effects from its acne drug Accutane.

The state high court on Oct. 3 found that because the Accutane warnings were approved by the U.S. Food and Drug Administration, the 514 consumers from 44 states and the 18 from New Jersey had not overcome the state’s unusual rebuttable presumption of adequacy under its Products Liability Act. The provision affords...

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