N.J. Court Dismisses Mentor MemoryGel Breast Implant Case on Preemption Grounds

NEW BRUNSWICK, N.J. — Claims asserted against Mentor and Johnson & Johnson in connection with their MemoryGel silicone breast implants are preempted because they seek to impose state law requirements that are different from, or in addition to, those imposed under federal law, a New Jersey state court has ruled.

In a Dec. 24 order, the Middlesex County (N.J.) Superior Court found the lawsuit impermissibly challenges the Food and Drug Administration’s determination that the breast implants were designed and labeled in accordance with federal law.

Renee Cashen underwent breast implantation surgery on Feb. 7, 2008, during which Mentor’s MemoryGel SILTEX …