Walgreen’s OTC Drug Case Impliedly Preempted, Calif. Federal Judge Rules

SACRAMENTO, Calif. — A California federal magistrate judge has dismissed a putative class action alleging that Walgreen Co.’s over-the-counter drug for pain caused by urinary tract infections is unsafe and ineffective, ruling that the claims are impliedly preempted by the Food, Drug and Cosmetic Act.

In a Dec. 20 order, Magistrate Judge Christopher Baker of the U.S. District Court for the Eastern District of California explained that the plaintiff impermissibly seeks to enforce the FDCA by alleging that the product is not FDA approved and not marketed under an established monograph for OTC drugs.

Jessica Argueta filed the action on …