Zantac MDL Defendants Argue Claims Are Preempted

Law360 (December 15, 2020, 9:33 PM EST) -- Drugmakers, retailers and distributors targeted in the multidistrict litigation over heartburn medication Zantac told a Florida federal court on Tuesday that plaintiffs' state law claims over alleged design and labeling defects are preempted by federal law.

In day two of a two-day videoconference hearing on various motions to dismiss, the defendants leaned on two U.S. Supreme Court decisions, PLIVA Inc. v. Mensing and Mutual Pharmaceutical Co. v. Bartlett, to argue that the plaintiffs' claims about a cancer-causing chemical in Zantac and its generic equivalent ranitidine are preempted by federal law because the defendants would have had to ask for permission or...

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