BROOKLYN, N.Y. (Legal Newsline) - The flurry of lawsuits that followed an FDA advisory declaring phenylephrine ineffective for treating congestion have been grouped together for a multidistrict litigation proceeding.
The Judicial Panel on Multidistrict Litigation consolidated the cases in U.S. District Court for the Eastern District of New York, where Judge Brian Cogan will preside. It's his sixth MDL proceeding, and the panel noted his experience with pharmaceutical and consumer protection cases.
Plaintiffs in 19 lawsuits requested the Eastern District as their first or second choice. Excluded from the MDL will be consumer deception cases over claims of "Maximum Strength" labeling. The suits in the MDL will allege the inefficacy of phenylephrine.
Defendants include Amazon, Bayer, CVS, GlaxoSmithKline, Johnson & Johnson, Procter & Gamble, Target, Walgreens and Walmart.
"The common factual questions include (1) whether the science supports the allegation that oral phenylephrine is not effective to relieve nasal congestion; (2) defendants’ knowledge about the state of the science on the efficacy of oral phenylephrine; and (3) the measure of any damages," the order says.
The decongestant was the target of an FDA advisory that said it was not effective in treating congestion. A rush of class action lawsuits followed by consumers who say they were duped into buying products containing it.
The panel has been notified of about 80 such lawsuits.