High Court Won’t Disturb Dismissal of Lactaid Misbranding Action

WASHINGTON, D.C. — The U.S. Supreme Court has refused to review a 1st Circuit U.S. Court of Appeals’ ruling that class action claims accusing a Johnson & Johnson subsidiary of misbranding Lactaid products as dietary supplements are impliedly preempted.

The high court denied the lead plaintiff’s petition for certiorari on April 15. The order let stand the 1st Circuit’s determination that the claims are based solely upon violations of the by the Food, Drug and Cosmetic Act, in contravention of Buckman Co. v. Plaintiffs’ Legal Committee.

Lactose intolerance is "characterized by abdominal cramps and diarrhea after consumption of food that …