After an FDA advisory committee found last year that scientific data did not support the use of phenylephrine as a decongestant, makers of over-the-counter cough and cold medicines were hit with more than 100 class actions.

Our Litigators of the Week are Andrew Soukup of Covington & Burling and Jay Lefkowitz of Kirkland & Ellis, who scored a key, early victory for the defendants in those cases. With Soukup and Lefkowitz arguing for all defendants, U.S. District Judge Brian Cogan in Brooklyn, who is overseeing the decongestant multidistrict litigation, granted their motion to dismiss a "skinny" complaint focusing on claims brought under New York state law claims and the U.S. Racketeer Influenced and Corrupt Organizations Act. Cogan found the state law claims concerning the effectiveness of the decongestants were preempted by federal law, an issue that Soukup focused on during oral argument. Cogan further found the plaintiffs were indirect purchasers who lacked standing to pursue RICO claims, an issue that Lefkowitz had argued.