Claims in Mylan Birth Control Patch Case Preempted, Ga. Federal Judge Rules

ROME, Ga. — A Georgia federal judge has dismissed an action accusing generic drug makers of failing to warn that their birth control patch can cause deadly blood clots in certain women, ruling the claims are expressly preempted because could not unilaterally change the product’s labels.

In a Feb. 17 order, Judge Michael Brown of the U.S. District Court for the Northern District of Georgia further ruled the claims are impliedly preempted because they are based solely upon defendants’ purported failure to comply with FDA reporting requirements.

In April 2020, Megan Swinney died from a blood clot after months of …