Raptiva Plaintiff’s Anti-Immunity Claims Preempted, 6th Cir. Rules

DETROIT — The Food, Drug and Cosmetic Act preempts claims that the maker of Raptiva is not entitled to immunity under the Michigan Products Liability Act because they would require a showing that the drug maker defrauded the Food and Drug Administration, a federal appeals court has affirmed.

On Sept. 6, the 6th Circuit U.S. Court of Appeals ruled that the claims against Genentech Inc. fall within the scope of Buckman v. Plaintiffs' Legal Committee, in which the U.S. Supreme Court ruled that the FDCA impliedly preempts state law fraud-on-the-FDA claims.

Vicki Marsh alleged that her ingestion of the …