Eisai Loses Bid to Dismiss Design Claims in Belviq Cancer Suit

Jan. 19, 2021, 3:38 PM UTC

Eisai Inc. and Arena Pharmaceuticals Inc. lost its move to dismiss design defect claims in a Louisiana woman’s suit linking her breast cancer to their withdrawn prescription weight loss drug Belviq, according to a federal trial court ruling.

But Stephanie and Robert Fuller didn’t adequately allege a manufacturing defect or breach of express warranty, the U.S. District Court for the Eastern District of Louisiana said. The court dismissed those claims Jan. 15.

Belviq and Belviq XR are brand-name medications that are intended to reduce appetite by increasing feelings of fullness.

The plaintiffs adequately allege a safer alternative design for Belviq, ...

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