Supreme Court of New Jersey

In Re: Accutane Litigation

October 3, 2018235 N.J. 229

Summary

The New Jersey Supreme Court held that New Jersey's Products Liability Act (PLA) governs all 532 Accutane failure‑to‑warn claims consolidated as Multicounty Litigation and that plaintiffs failed to overcome the PLA’s rebuttable presumption of adequacy for the FDA‑approved warnings, so the warnings were adequate as a matter of law and all complaints were dismissed. The Court reversed the Appellate Division where it had denied summary judgment and affirmed where it had granted summary judgment.