Federal Judge Rids Labeling Claims in Zantac MDL

Federal Judge Rids Labeling Claims in Zantac MDL

A Florida federal judge presiding over sprawling multidistrict litigation involving the carcinogens found in the heartburn medication Zantac cut more claims from the litigation, holding that design defect claims are barred by federal law.

The judge rejected arguments by consumers and third-party payers that their claims are not preempted because the heartburn drug was misbranded, as the presence of a cancer-causing substance in the drug was not disclosed.

“As with generic drugs, a claim based on an allegation that a brand-name drug’s FDA-approved formulation renders the drug misbranded is a pre-empted claim because the drug’s manufacturer cannot independently and lawfully change a drug formulation that the FDA has approved,” the judge said.

The FDA issued a warning in September 2019 that trace amounts of NDMA were found in Zantac and similar generic drugs. On April 1, they pulled all prescription and over-the-counter drugs featuring ranitidine – the active ingredient in heartburn medications – from the market over concerns that the drug, when stored above room temperature, could produce unacceptable levels of carcinogen.

Since a brand-name manufacturer can strengthen warnings on drug labels without waiting for the FDA’s sign-off – as part of the agency’s changes being effected process – a labeling claim against a branded drug manufacturer isn’t necessarily preempted, the judge said.

“Therefore, the plaintiffs are granted leave to replead design-defect claims against the defendants that are based on the labeling of ranitidine products,” the judge said.

The judge also dismissed state law claims seeking to recoup monetary losses from buying over-the-counter ranitidine, finding the Congress didn’t intend for any state to classify a claim as a product liability claim when the plaintiff was not personally injured.

Share

Litigation Updates

Zantac Multidistrict Litigation Sets Out For 2023 Bellwether Trials

October 29, 2021

October 29, 2021

Zantac Multidistrict Litigation Sets Out For 2023 Bellwether Trials

Federal Judge Rids Labeling Claims in Zantac MDL

January 11, 2021

January 11, 2021

Federal Judge Rids Labeling Claims in Zantac MDL

Veterans Prescribed Zantac at the VA have Filed Zantac Lawsuits

November 9, 2020

November 9, 2020

Veterans Prescribed Zantac at the VA have Filed Zantac Lawsuits

New Class Action Zantac Lawsuit Includes Claims from More Than 200 Zantac Users

September 16, 2020

September 16, 2020

New Class Action Zantac Lawsuit Includes Claims from More Than 200 Zantac Users

Zantac Manufacturers Being Investigated by Department of Justice

August 1, 2020

August 1, 2020

Zantac Manufacturers Being Investigated by Department of Justice

Zantac Cancer Lawsuits Consolidated in S Florida District Court

July 5, 2020

July 5, 2020

Zantac Cancer Lawsuits Consolidated in S Florida District Court

CLIENT REVIEWS

quotation
Tom Lewis

TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.

quotation
Jordan Terry

TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.

quotation
Dave Woodley

All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.

quotation
Jordan Butler

I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!

quotation
Maddy Moeller

Top-notch, hardworking attorneys!

quotation
Karen Hersman

A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!

quotation
Angel Truesdale

They contacted me the next day. Very nice people!

quotation
Paul Graegin

The firm went above and beyond. Thank you for everything.

THANK YOU FOR YOUR MESSAGE

One of our associates will follow up with you shortly