No Preemption In Blood Pressure Drug Contamination MDL
Law360 (December 18, 2020, 10:11 PM EST) -- A New Jersey federal judge won't let manufacturers, wholesalers and pharmacies escape multidistrict litigation over their alleged failure to keep contamination out of the blood pressure drug Valsartan, saying federal law doesn't preempt claims by buyers and users of the drug.
In an order signed Thursday but filed Friday, U.S. District Judge Robert B. Kugler denied three motions to dismiss three master complaints in the MDL relating to preemption under the Food Drug and Cosmetic Act and the Drug Supply Chain Security Act, as well as whether the U.S. Food and Drug Administration has primary jurisdiction over the claims.
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