Ninth Circuit Upholds Preemption Where Defendants Followed the Rules
Sometimes it really is as easy as A, B, C or as simple as 1, 2, 3. Where the FDA has set specific rules for the type of labeling claims a manufacturer can make and the manufacturer abides by those rules, claims by plaintiffs seeking to require something different are preempted. Just like do, re, mi. In Greenberg v. Target Corporation, — F.3d–, 2021 WL 116537 (9th Cir. Jan. 13, 2021), the Ninth Circuit kept…