Johnson & Johnson Escapes Class Action Over Gelcap Marketing

Johnson & Johnson’s consumer health care division will not have to face allegations that it engaged in “false and misleading” marketing claims over its Tylenol gelcaps.

Claims from plaintiff Rhonda Musikar-Rosner are expressly preempted, wrote Judge Allison D. Burroughs of the US District Court for the District of Massachusetts July 31 in her grant of the company’s motion to dismiss. The claims would have imposed requirements on the labeling of J&J’s Tylenol extra-strength rapid release gels that are “different from or in addition to” federal regulation, the judge wrote.

The putative class action alleged that since Johnson & Johnson Consumer ...