Avandia Label Didn’t Create Warranty; Dismissal of Would-be Class Suit Upheld

A label saying the diabetes drug Avandia was “safe and effective” and disclosing risk factors didn’t create an express warranty under New Jersey law, the U.S. Court of Appeals for the Third Circuit said in an unpublished opinion that upheld dismissal of a would-be class suit (In re Avandia Sales Mktg. Sales Prac. & Prod. Liab. Litig., 2014 BL 295627, 3d Cir., 13-4324, unpublished 10/21/14).

Because GlaxoSmithKline LLC disclosed Avandia’s risks, and plaintiff Richard V. D’Apuzzo didn’t allege the company made unqualified guarantees of safety or effectiveness, he failed to state a breach-of-warranty claim, the court said ...