Texas Drug Fraud Law Preempted In J&J Suit: 5th Circ.

Law360, New York (February 23, 2012, 5:43 PM EST) -- The Fifth Circuit refused Wednesday to resurrect a wrongful death suit over Johnson & Johnson's Motrin, ruling a Texas law allowing plaintiffs to claim drugmakers defrauded the U.S. Food and Drug Administration is preempted unless the FDA first uncovers fraud.

In cases where the FDA has not found fraud, imposing state liability for defrauding the regulator “intrudes” on the agency and its relationship with drugmakers, the Fifth Circuit found, affirming a summary judgment ruling for J&J.

The Fifth Circuit's decision effectively forecloses the opportunity to sue...
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