Sanofi Aventis Prevails in Lawsuit Alleging Injury From Sculptra Aesthetic Injectable

NEW YORK — A New York appellate court has upheld dismissal of a lawsuit filed against Sanofi-Aventis U.S. in connection with Sculptra Aesthetic, finding the claims are preempted because they challenge the safety and effectiveness of the device and seek to impose requirements that are “different from, or in addition to,” federal requirements.

On March 29, the New York Supreme Court, Appellate Division, 2nd Department, affirmed the trial court’s award of summary judgment to Sanofi.

Zoe Tone was administered facial injections of Sculptra Aesthetic by plastic surgeon Joel R. Studin M.D. on three occasions between July and October 2011. Tone …