The U.S. Food and Drug Administration (FDA) recalled all Zantac (ranitidine) antacid products from the market on April1, 2020, based on evidence that the products tested positive for unsafe levels of N-nitroso dimethylamine (NDMA), a cancer-causing substance.
Since that time, many plaintiffs, who took the medication and were diagnosed with cancer, have filed against the makers of Zantac and generic ranitidine products. Some plaintiffs who were not diagnosed with cancer have also filed Zantac lawsuits because they fear they might get cancer in the future.
In one such consolidated consumer class action complaint against generic manufacturers, the defendants have filed a motion to dismiss, alleging that the plaintiffs “fail to allege a true injury-in-fact,” if they have not been diagnosed with cancer. To have a viable claim, the defendants argue that a plaintiff “must allege an injury that is distinct and palpable, as opposed to merely abstract, and the alleged harm must be actual or imminent, not conjectural or hypothetical.”
The plaintiffs countered in their opposition response arguing the law holds that any products “that are so unsafe that they are illegal to buy or sell are also economically worthless and give rise to constitutional injury in fact when plaintiffs purchase them.”
All federally filed Zantac and generic ranitidine lawsuits have been consolidated into the Southern District of Florida by the U.S. Judicial Panel on Multidistrict Litigation (JPML).
Reference:
Luhanna, Roopal. “Generic Ranitidine Manufacturers Try to Get Class-Action Case Dismissed.” The Legal Examiner, 1 Dec. 2020. https://newyork.legalexaminer.com/health/generic-ranitidine-manufacturers-try-to-get-class-action-case-dismissed/
