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Tort Action Against Pharmaceutical Company
In LeFaivre v. KV Pharm. Co., No. 10-1326, an action alleging that a pharmaceutical company breached its implied warranty of merchantability and violated the Missouri Merchantability Practices Act (MMPA) by failing to manufacture a medication in compliance with federal regulations, the court reversed the dismissal of the action where federal law did not preempt plaintiff's MMPA claims.
As the court wrote: "Allen Lefaivre, individually and on behalf of all others similarly situated, brought this potential class action suit against KV Pharmaceutical Company, ETHEX Corporation, and Ther-Rx Corporation (collectively, "KV"). KV manufactures a hypertension medication called Metoprolol Succinate ER. Lefaivre alleged that KV breached its implied warranty of merchantability and violated the Missouri Merchantability Practices Act (MMPA) by failing to manufacture the medication in compliance with federal regulations."
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