Bextra Plaintiffs' False Advertising Claims Not Preempted, Judge Says

SAN FRANCISCO - Purchaser plaintiffs' claims alleging that Pfizer Inc. falsely marketed Bextra as having fewer gastrointestinal symptoms and greater efficacy than traditional NSAIDs are not preempted by FDA authority, the judge overseeing the federal Bextra/Celebrex MDL ruled. In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, MDL No. 1699 (N.D. Calif.).

In the same Aug. 24 order, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California dismissed plaintiffs' claims based on Pfizer's alleged failure to warn of cardiovascular and skin disease risks, as well as plaintiffs' claim that Pfizer should …