PITKOW v. LAUTIN

1129, 800047/11.

139 A.D.3d 488 (2016)

29 N.Y.S.3d 805

2016 NY Slip Op 03805

LISA PITKOW, Appellant, v. EVERETT M. LAUTIN, M.D., et al., Defendants, and AVENTIS PHARMACEUTICALS, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 12, 2016.


In this action arising from plaintiff's use of Sanofi's product called "Sculptra," used for smoothing facial wrinkles and filling in lost facial fat deposits, the motion court correctly determined that plaintiff's claims against Sanofi are preempted by the Federal Food, Drug and Cosmetics Act, as amended by the Medical Device Amendments (MDA) of 1976 (see 21 USC § 360e). The claims alleged by plaintiff under state law impose requirements that are "different from...

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