The court granted the generic defendants’ motion for judgment on the pleadings on all state law claims, finding that they are pre-empted by federal law.

The plaintiffs, long-term users of Fosamax and its generic equivalent alendronate sodium, filed this action alleging that they had suffered injury as a result of their use of these products and asserting numerous claims, including defective design, defective manufacturing, failure to warn, negligence and violation of consumer protection laws. Applying PLIVA v. Mensing, the court granted the generic defendants’ motion for judgment on the pleadings on all state law claims, finding that they were pre-empted by federal law.

Case Law Alert - 1st Qtr 2012