Warning, Design Defect Claims Against Generic Birth Control Makers Preempted, La. Federal Judge Rules

NEW ORLEANS — Failure-to-warn and design defect claims asserted against the manufacturers of a generic birth control pill are federally preempted because they seek to impose requirements on the drug makers that are “different from, or in addition to” federal requirements, a New Orleans federal judge has ruled.

On Sept. 10, Judge Carl S. Barbier of the U.S. District Court for the Eastern District of Louisiana further ruled that the plaintiff’s manufacturing defect claim is insufficiently pled and conclusory in nature and must be dismissed.

Kelicia Davis was prescribed the oral birth control Aviane (levonorgestrel and ethinyl estradiol) on Oct. …