Fraud-Based Claims Against Makers of Generic Testosterone Drugs Not Preempted, MDL Judge Rules

CHICAGO — The judge overseeing the federal docket for testosterone replacement therapy drug cases reinstated plaintiffs’ fraudulent off-label promotion claims, finding they are not federally preempted because they are not based on allegations of inadequate labeling.

In reconsidering an earlier order in which he dismissed the fraud-based claims, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois ruled on March 7 that defendants’ obligations under state fraud law to refrain from falsely promoting their drugs for unapproved uses do not conflict with their obligations under federal law to maintain their warning labels.

This multidistrict …