Walgreens Defeats Consumer’s UTI Pain Medication Safety Lawsuit

A buyer’s warranty and consumer protection claims alleging Walgreens Co. sold Phenazopyridine hydrochloride as an over-the-counter urinary pain relief medication despite being unsafe and unlawful to sell were preempted by federal law, a judge said.

Because the consumer’s claims were based on whether the drug was approved by the US Food and Drug Administration, the Federal Food, Drug and Cosmetic Act preempted her claims, the US District Court for the Eastern District of California said Dec. 20.

Named plaintiff Jessica Argueta brought claims for breach of express warranty, breach of implied warranty, and violation of California’s Unfair Competition Law. She ...