03:55 PM EDT, 08/28/2024 (MT Newswires) -- Kenvue ( KVUE ) prevailed over a lawsuit after a US federal judge in New York granted on Tuesday the company's motion to dismiss with prejudice a putative class action filed by plaintiff Evie Collaza.

US District Judge Andrew Carter wrote in the decision that Collaza's claims of violation of New York general business laws, unjust enrichment and declaratory relief are preempted by the Federal Food, Drug, and Cosmetic Act.

"To hold that the Food and Drug Administration's regulation of acetaminophen dissolution rates ought not control simply because a drug producer markets or prices several of its qualifying "immediate release" products in varying manners would be to create an end-run around the Federal Food, Drug, and Cosmetic Act's express preemption clause," Carter wrote in the judgment.

Collaza had claimed that Kenvue ( KVUE ) deceived customers into overpaying for "Rapid Release" gelcaps that did not work faster than cheaper tablets.

Kenvue ( KVUE ) was part of Johnson & Johnson ( JNJ ) prior to its spinoff in August 2023.

Kenvue ( KVUE ) did not immediately respond to MT Newswires' request for comment.

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