In Re Avandia Marketing Sales Practices & Products Liability Litigation

OPINION OF THE COURT

SCIRICA, Circuit Judge.

At issue in this diversity action is whether plaintiff has stated a claim under Federal Rule of Civil Procedure 12(b)(6) for breach of express warranty under New Jersey law. The trial court granted defendant’s motion to dismiss, and plaintiff appeals. 1 We will affirm. 2

I

Richard V. D’Apuzzo, who suffers from Type 2 diabetes mellitus, filed suit alleging GlaxoSmithKline LLC (“GSK”) caused him economic harm by misrepresenting the safety and efficacy of its diabetes drug Avandia. 3 D’Apuzzo does not allege Avan-dia harmed him physically or that he…