Bayer Mirena Contraceptive User Advances Consumer Fraud Claims

A Mirena IUD user can pursue some consumer fraud claims in a proposed class suit alleging Bayer Healthcare Pharmaceuticals Inc. didn’t disclose that the hormonal contraceptive increases the risk of breast cancer.

Federal labeling law doesn’t preempt Priya Sidhu’s lawsuit, and she offered enough detail to support deception-based claims, the US District Court for the Northern District of California said.

The Mirena intrauterine contraceptive was first approved for use in the US in 2000, Sidhu said. The device is placed in the uterus and releases a hormone that prevents pregnancy.

Label language saying observational studies “do not provide conclusive evidence ...