Consumer Protection Act Claim Preempted, Acetaminophen MDL Judge Rules

NEW YORK — The judge overseeing the acetaminophen injury MDL docket has ruled that claims based upon the Tennessee Consumer Protection Act are expressly preempted because it seeks to enforce regulations that are “different from, or in addition to” those imposed by the Food, Drug and Cosmetic Act.

In an April 21 order, Judge Denise L. Cote of the U.S. District Court for the Southern District of New York explained that the TCPA is not part of the “product liability law of any State” and is therefore not exempt from preemption under 21 U.S.C. § 379r(a).

Tennessee resident Robin …