Overview
Partner Dennis Raglin was quoted in the March 10, 2023 Law360 article “Calif. Appeal Panel Affirms Ax Of Zantac Prop 65 Claims.” The article discusses a recent appellate court ruling affirming the dismissal of a case brought by the non-profit Center for Environmental Health that sought to force generic antacid drug makers and sellers to comply with Proposition 65's labeling requirement. While courts had previously determined that brand-name prescription drugs are exempt from Prop 65 lawsuits, Raglin, who represented the generic drug companies in the appeal, noted that this case was unique as it involved over-the-counter generic drugs.
Raglin was quoted as saying "This ruling is welcome news for manufacturers of generic drugs and their retailers… [B]ecause these companies are already heavily regulated, required to regularly test and to follow [U.S. Food and Drug Administration] and [good manufacturing practices] requirements, Prop 65 claims naming these drugs are often of questionable merit and an unnecessary burden."
The full article can be read at Law360 (subscription required).
