Utah Judge Finds Failure-To-Warn Claims Preempted in Fentanyl Patch Case

SALT LAKE CITY — Failure-to-warn claims brought against Mylan Inc. (NASDAQ:MYL) in connection with its fentanyl transdermal system patch are federally preempted by the Food and Drug Administration’s prohibition on changes to generic drug labels, a Utah federal judge has ruled.

However, in a June 25 order, Judge Ted Stewart of the U.S. District Court for the District of Utah found the plaintiff’s claims of negligence and breach of implied warranty of merchantability were adequately pled under Utah law and therefore withstand dismissal.

Lisa Joy Elkins-Reese was prescribed a Mylan fentanyl transdermal system patch, which she was wearing at the …