Belviq Manufacturers Try To Dismiss A Class Action Suit

Belviq Manufacturers Try To Dismiss A Class Action Suit

Introduction

Last Wednesday, Eisai Inc., Arena Pharmaceuticals, and CVS Pharmacy filed a joint memorandum of law requesting Judge Philip M. Halpern in the U.S. District Court for the Southern District of New York to dismiss a class-action lawsuit filed on behalf of former users of Belviq over the allegation that the weight loss drug increases the risk of cancer.

Lorcaserin, marketed under the brand name Belviq, is a prescription weight loss drug developed to treat obesity. The diet drug was developed by Arena Pharmaceuticals, and the rights were sold to the Japanese drugmaker, Eisai Inc., in 2017.

In February, Eisai Inc. voluntarily announced a Belviq recall after receiving safety communication from the Food and Drug Administration (FDA). The recall was based on a clinical study that showed an increase in the occurrence of certain cancers among Belviq users.

The class action complaint was filed in March by a plaintiff on behalf of the nationwide consumers, alleging that the manufacturers and distributors knew or should have known about cancer risks before the drug was marketed. The plaintiff is trying to seek damages for all users of the prescription weight-loss pill in New York. 

The defendants, through the memorandum, asserted that the plaintiff did not make the case as per New York laws, and it fails to state a cause of action or any misleading advertising in the lawsuit. They have also filed supplemental memorandums claiming the suit serves no plausible claim for relief under New York laws.

Belviq lawsuits are in their early stages, but the number might grow, considering its past sales. Claims have been filed seeking reimbursements for the premium price paid by users of the recalled diet drug, as well as funding for medical monitoring that users would require to detect cancer that may surface months or even years after last exposure.