Defendants in Suboxone Film MDL Say Design Defect, Warning Claims Preempted

CLEVELAND — Defendants in the Suboxone film dental decay MDL are urging an Ohio federal judge to dismiss the design defect claims, arguing they are preempted because the FDA-approved formulation could not be changed without violating federal law.

Indivior Inc., Indivior Solutions Inc., Aquestive Therapeutics Inc., Indivior PLC, Reckitt Benckiser Healthcare (UK) Ltd., and Reckitt Benckiser LLC told Judge J. Philip Calabrese of the U.S. District Court for the Northern District of Ohio that the only way they could have complied with both federal law and state law was to not sell Suboxone film in Ohio at all — a …