The U.S. Court of Appeals for the Third Circuit has affirmed dismissal of claims against generic manufacturers of the bone-loss prevention drug Fosamax as preempted by federal law.
The appeals court agreed with a district judge’s ruling, in the multidistrict litigation based in New Jersey, that the plaintiffs’ design-defect claims—that the generic drug alendronate sodium “should have been designed differently to comply with state tort law”—related to duties under state tort law that directly conflict with those under federal regulations.
