PA Court Upholds Actiq Suit Preemption
The Pennsylvania Superior Court says a Philadelphia County Common Pleas Court ruled correctly that a suit against Teva and its Cephalon unit alleging illegal off-label promotion of Actiq (fentanyl citrate) oral transmucosal lozenge is preempted under federal law and regulations. The suit claimed that a patient who was prescribed Actiq off-label for migraine headaches died from methadone toxicity after he was taken off Actiq and given methadone.
The Superior Court determined that the suit’s allegations were all violations of the Federal Food, Drug, and Cosmetic Act or its implementing regulations and the plaintiff does not have standing to privately enforce federal law.