Judge Brian M. Cogan of the U.S. District Court for the Eastern District of New York. Photo: Monika Kozak/ALM Decongestant MDL on Death's Door After Judge Strikes Key Claims
On Tuesday, U.S. District Judge Brian Cogan in New York dismissed key consumer claims in the multidistrict litigation against drugmakers of decongestants including Sudafed PE and NyQuil Severe Cold & Flu.
October 30, 2024 at 06:21 PM
5 minute read
What You Need to Know
- The judge found that federal law preempted claims that the decongestants were mislabeled after an FDA advisory committee found they didn't work..
- The judge also struck separate racketeering allegations, concluding that the plaintiffs lacked standing because they were indirect consumers.
- The ruling leaves doubt about the future prospects of the oral phenylephrine-containing decongestant multidistrict litigation, created less than a year ago.
A federal judge in New York dismissed threshold consumer claims brought in a test complaint over decongestants, such as Sudafed PE and NyQuil Severe Cold & Flu, that a regulatory body found last year did not work.
In a Tuesday order, U.S. District Judge Brian Cogan, of the Eastern District of New York, found that federal law preempted claims that the decongestants, sold to treat nasal or sinus congestion, were mislabeled. The U.S. Food and Drug Administration, he wrote, through the Federal Food, Drug, and Cosmetic Act, regulates medications.
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