Gustavsen v. Alcon


(1st Circ., filed April 11, 2018): Arguing that the plaintiffs’ speculative claim that they might have paid less for a medication if defendants had packaged it more efficiently does not describe a cognizable injury in fact, and therefore, they lack standing.  Accepting plaintiffs’ theory would invite abusive class-action litigation.

Court ruled in favor of ATRA's position

On August 27, 2018, the court held that defendants could not change the drop size of an FDA-approved drug without prior FDA approval and thus that plaintiffs’ state-law claims were preempted.

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.