Legal Opinion

Pitkow v. Lautin

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 2016No. 1129 800047/11PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered December 9, 2014, which granted the motion of defendants Aventis Pharmaceuticals, Inc. and Sanofi-Aventis U.S., LLC (collectively Sanofi) for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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…

2Cases cited2 opinions

  1. Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008
  2. Mitaro v. Medtronic, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

3Cited by1 opinion

  1. Tone v. StudinAppellate Division of the Supreme Court of the State of New York · 2017

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