Off-Label Promotion Claims Not Preempted, Texas Federal Magistrate Judge Opines

AUSTIN, Texas — Claims accusing a drug maker of illegally promoting generic Cordarone for off-label use and failing to provide a Medication Guide are not federally preempted because they seek to impose regulations that are “parallel” to those imposed under federal law, a Texas federal magistrate judge has opined.

In a June 11 report and recommendation, Magistrate Judge Mark Lane of the U.S. District Court for the Western District of Texas found, however, that the claims were not pled with sufficient particularity. He recommended that the plaintiffs be granted leave to amend the claims.

John Rusk was prescribed Cordarone for …