Warning, Design Defect Claims Preempted, Ky. Federal Judge Rules in Generic Norco Action

LOUISVILLE, Ky. — Claims of failure to warn and design defect asserted against the manufacturer of generic Norco are federally preempted because they required the defendant to unilaterally change the drug’s label and design in contravention of federal law, a Kentucky federal judge has ruled.

On May 6, Judge Thomas B. Russell of the U.S. District Court for the Western District of Kentucky granted Bidco I LLC’s motion to dismiss the action for failure to state a claim.

Pro se plaintiff Cindy Mitchell alleged that she has been taking Norco, a pharmaceutical containing hydrocodone bitartrate and acetaminophen, since 2013 and …