Class Complaint Fails in OTC Drug MDL

Litigation attorney Eric Alexander authored a Drug & Device Law article discussing a recent decision in the In re Oral Phenylephrine Marketing and Sales Practice multidistrict litigation (MDL). The article examines the court's ruling on a class complaint under New York law and federal civil Racketeer Influenced and Corrupt Organizations Act (RICO), which serves as a "test case" for the MDL. Mr. Alexander explains that the court found the state law claims to be expressly preempted because of the lack of product liability claims, as the litigation involves no allegations of physical injuries or risks. He also notes that the court rejected the plaintiffs' civil RICO claims as a result of lack of standing as indirect purchasers.

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