Judge drops class action lawsuit against Zoetis over Librela
Summary
A federal court in New Jersey dismissed a class action lawsuit brought by pet owners against Zoetis, alleging misrepresentation of the safety of Librela, a monoclonal antibody treatment for osteoarthritis pain in dogs. The plaintiffs claimed Zoetis failed to adequately warn about severe adverse events, including neurological issues and even death. However, the court found that the plaintiffs did not adequately plead consumer fraud, product liability, or warranty claims, failing to demonstrate reliance on specific misrepresentations or to quantify their losses.
The court applied the 'learned intermediary doctrine,' stating Zoetis fulfilled its duty by warning veterinarians, who then inform clients. It also noted that FDA-approved warnings are presumed adequate, and plaintiffs didn't prove deliberate concealment of risks. Claims of design defect were dismissed due to potential FDA preemption and a failure to identify feasible alternatives or demonstrate that the drug’s risks outweigh its benefits.
The plaintiffs were granted leave to amend their complaint, addressing the identified deficiencies. Despite over 10,000 adverse event reports to the FDA, the court found the initial claims lacked sufficient legal grounding, emphasizing the need for specific evidence of misrepresentation and reliance to support the allegations.
(Source:DVM360)