United States First Circuit

In this putative class action, plaintiffs claim that defendant Forest Pharmaceuticals' FDA-approved drug label misleads California consumers by omitting material efficacy information in violation of California's Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law. Judgment dismissing the complaint is affirmed, where federal law impliedly preempts these claims because the Federal Food, Drug, and Cosmetic Act (21 U.S.C. section 301 et seq.) prohibits Forest Pharmaceuticals from independently changing its FDA-approved label.

Appellate Information

• Decided 02/20/2015
• Published 02/20/2015

Judges

• Kayatta

Court

• United States First Circuit

Counsel