Breast Implant Injury Claims Against Mentor Federally Preempted, Calif. Judge Rules

SAN FRANCISCO — A California federal judge has dismissed a breast implant lawsuit against Mentor Worldwide LLC without prejudice, finding the Food, Drug and Cosmetic Act federally preempts the plaintiff’s state law claims.

On May 28, Judge Jeffrey S. White of the U.S. District Court for the Northern District of California gave the plaintiff 21 days to amend her complaint, explaining that she needs to allege state law requirements that are parallel to federal requirements.

Edna Malonzo claims that her Mentor saline breast implants leaked and caused a mycobacterial infection. She asserts that before she had the product …