A Delaware judge has dismissed a request from GSK Plc (NYSE:GSK) and other pharmaceutical companies to appeal a ruling that allows over 70,000 lawsuits alleging the heartburn drug Zantac causes cancer to proceed.

This ruling, made by Judge Vivian Medinilla of the Delaware Superior Court, means the drugmakers—Pfizer Inc (NYSE:PFE), Sanofi SA (NASDAQ:SNY), and Boehringer Ingelheim—must seek permission directly from the Delaware Supreme Court to appeal. GSK confirmed it has already submitted its appeal.

Also Read: Pfizer Agrees To Settle Over 10,000 Lawsuits About Cancer Risks Associated With Discontinued Heartburn Drug Zantac.

If the state high court rejects the appeal, the Zantac lawsuits will advance to trial. Jennifer Moore, a lawyer for the plaintiffs, remarked, "Judge Medinilla resoundingly rejected GSK, Boehringer Ingelheim, Pfizer, and Sanofi's attempt to end-run around the jury system in Delaware."

GSK maintained in a statement that "the scientific consensus remains that there is no consistent or reliable evidence that ranitidine increases the risk of any cancer." Ranitidine is the active ingredient in Zantac, but it has been discontinued.

Lawsuits began to accumulate after the FDA in 2020 asked manufacturers to withdraw the drug from the market due to concerns that ranitidine could degrade into NDMA, a cancer-causing chemical, over time or when exposed to heat.

The drugmakers argued that Judge Medinilla should have prevented the plaintiffs from presenting expert testimony that Zantac could cause cancer, as a federal judge did in 2022 for about 50,000 claims in Florida.

These lawsuits depend on expert testimony to proceed. Industry groups, including the U.S. Chamber of Commerce, supported the drugmakers' appeal, claiming that upholding Medinilla's ruling would lower the standards for evidence in Delaware, potentially turning it into a "hotbed of products liability and mass tort litigation."

Earlier, GSK and other pharmaceutical companies bid to halt over 70,000 lawsuits in Delaware concerning the discontinued heartburn drug Zantac gained support from prominent U.S. industry groups, including the United States Chamber of Commerce and Pharmaceutical Research and Manufacturers of America.

• Zantac Heart Burn Continues For GSK As US Court Ruling Allows Thousands Of Zantac Lawsuits To Move Forward.

Price Action: GSK shares are down 0.50% at $38.19 during the premarket session at last check Tuesday.

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