Federal Judge Rejects Defendants’ Preemption Defense in Valsartan MDL

CAMDEN, N.J. — The New Jersey federal judge overseeing the valsartan multidistrict litigation docket has denied a motion to dismiss filed by drug wholesalers and retailers, ruling that the claims are not preempted by the Drug Supply Chain Security Act (DSCSA) because they do not arise out of any defective tracing.

On Dec. 18, Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey, in addressing an issue of first impression, concluded that the claims allege that the valsartan drugs were contaminated before they entered the supply chain and do not fall under the Act. …