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Valsartan Drug Contamination Claims Not Preempted by Federal Law

Dec. 18, 2020, 7:45 PM

Consumers and insurers alleging recalled generic blood pressure drugs were tainted with a probable carcinogen got a boost when the federal court overseeing multidistrict litigation said Friday that federal drug laws don’t preempt their suits.

Plaintiffs allege the valsartan drugs are tainted with NDMA, or N-Nitrosodimethylamine, an industrial byproduct. The MDL includes individual personal injury suits alleging the drug caused cancer, as well as proposed class suits seeking medical monitoring and economic damages.

The Food, Drug, and Cosmetic Act doesn’t preempt plaintiffs’ claims, the U.S. District Court for the District of New Jersey said.

Plaintiffs aren’t impermissibly trying to enforce ...