Product Liability, Punitive Damages Claims in Sculptra Action Preempted, N.J. Federal Judge Rules

NEWARK, N.J. — A New Jersey federal judge has dismissed product liability act and punitive damages claims brought against Sanofi-Aventis Inc. in a Sculptra case, finding the claims seek to impose requirements beyond those imposed by the FDA and are therefore preempted.

On June 10, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey also dismissed the plaintiff’s breach of express warranty claim, ruling that it was inadequately pled. However, the judge allowed the plaintiff to amend her claims to sufficiently allege that Sanofi illegally promoted Sculptra for “off-label” cosmetic use.

In 2007, Victoria Clements’ …