Amended Claims in Eliquis Action Preempted, N.Y. Federal Judge Rules

NEW YORK — Failure-to-warn, breach of warranty and fraud claims asserted in an Eliquis action are preempted by the Food, Drug and Cosmetic Act because they are not based on “newly acquired information” that would allow the manufacturers to unilaterally change the anticoagulant’s label without FDA approval, a New York federal judge has ruled.

In an 85-page opinion issued May 8, Judge Denise Cote of the U.S. District Court for the Southern District of New York granted the defendant drug makers’ motion to dismiss plaintiffs’ second amended complaint in its entirety.

California resident Charlie Utts was diagnosed with atrial fibrillation …