Warnings Regarding Nasal Decongestant's Side Effects Deemed Adequate by Federal Judge

CHICAGO - Bayer, the manufacturer of Neo-Synephrine, was awarded summary judgment by a federal judge, after finding that a man who claims he became dependent upon the nasal decongestant failed to show that its label and warnings were insufficient. Kelso v. Bayer Corp. No. 02-CV-8601 (N.D. Ill.).

In a one-page minute entry filed on May 20, U.S. District Judge James Holderman rejected Ted Kelso's arguments that Bayer failed to adequately warn that Neo-Synephrine could cause 'permanent nasal tissue damage' because Illinois law does not require manufacturers to dilute principal warnings by adding distracting information to its products' labels.

Kelso claimed …