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Tylenol maker Kenvue defeats U.S. lawsuit over labelling on ‘Rapid Release' gelcaps [Globe and Mail, The (Toronto, Canada)]

Kenvue Inc. (KVUE) 
The maker of Tylenol defeated a lawsuit by consumers who said they were deceived into overpaying for “Rapid Release” gelcaps that did not relieve pain faster than cheaper tablets, including those labeled Extra Strength and Regular Strength. In a decision on Tuesday night, U.S. District Judge Andrew Carter in Manhattan agreed with Kenvue KVUE-N decrease that the federal Food, Drug, & Cosmetic Act preempted the consumers' claims under New York state law. Evie Collaza, the Bronx, New York resident who led the proposed class action, had cited a 2018 study that found Rapid Release gelcaps took longer than regular tablets – 3.94 minutes versus 3.56 minutes – to dissolve by at least 80 per cent. But the judge said it would make no sense to ignore Food and Drug Administration labeling rules for “immediate release” acetaminophen products only because that agency did not use the exact words “rapid release.” He said some judges have ruled similarly in lawsuits against the grocer Alber Show less Read more
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