Allergan Says Biocell Breast Implant Claims Preempted, Moves for Dismissal

TRENTON, N.J. — Allergan Inc. and Allergan USA Inc. has asked the New Jersey federal judge overseeing the Biocell textured breast implant MDL to dismiss plaintiffs’ claims on preemption grounds.

In an Aug. 7 motion filed in the U.S. District Court for the District of New Jersey, Allergan contends that the personal injury and medical monitoring lawsuits impermissibly challenge the design, manufacture, labeling and post-sale reporting for the FDA-approved devices.

Plaintiffs allege the Biocell implants and tissue expanders are defectively designed and manufactured because they either caused them to develop, or placed them at increased risk of developing, anaplastic large …