Fla. Lawsuit Targeting Gilead’s HIV Drugs Dismissed; Amended Complaint Filed

MIAMI — A Florida federal judge has dismissed without prejudice a lawsuit targeting Gilead’s HIV drugs, ruling that the claims, as pled, are preempted by federal law because it would have been impossible for the drug maker to change the products’ labels without FDA approval.

Judge Raag Singhal of the U.S. District Court for the Southern District of Florida further noted that the Food and Drug Administration approved Gilead’s formula for the drugs and any changes would have required further approval.

The plaintiff, Philip Epstein, filed an amended complaint on Aug. 21.

Gilead develops and markets HIV treatment medications, including …