Calif. Federal Judge Dismisses Lawsuit Targeting Skin Cancer Gel; Allows Amendment

SACRAMENTO, Calif. — A California federal judge has dismissed an action targeting LEO Pharma’s precancerous actinic keratosis gel, ruling that the breach of implied warranty claim, as pled, is defeated by the learned intermediary doctrine.

However, in the Feb. 7 order, Judge Dale A. Drozd of the U.S. District Court for the Eastern District of California granted the plaintiff leave to amend his complaint.

LEO Pharma Inc. and LEO Pharma A/S manufactured and distributed prescription Picato (ingenol mebutate) gel, used to treat precancerous actinic keratosis — a skin lesion caused by excessive sunlight exposure.

In September 2019, following reports …