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FDCA

242 published works

  1. Drug & Device Law

    PREP Act Preemption Scorecard

    By Bexis

    We’ve discussed decisions applying preemption under the Public Readiness & Emergency Preparedness Act (hereafter “PREP Act”), 42 U.S.C. §247d-6d, on several occasions since the COVID-19 pandemic began.  At this point,…

  2. Food, Drug & Agriculture

    FDCA Preemption: A Powerful Tool for Defending Class Actions

    By Anna McLean, Abby Miles

    Several recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense…

  3. Business and Commercial

    FDCA Preemption: A Powerful Tool for Defending Class Actions

    By Anna McLean, Abby Miles

    Several recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense…

  4. Drug & Device Law

    The Expanding Breadth Of Nexus

    By Eric Alexander

    Back in 2020, we noted the possible broad implications of a Buckman preemption decision in a somewhat unusual economic loss case that turned on whether a compounded pharmaceutical needed FDA…

  5. Food Safety News

    Court Enjoins California food company from manufacturing and distributing adulterated food

    By News Desk

    A federal court has enjoined a California company to stop manufacturing and distributing adulterated food products that violate the Federal Food, Drug, and Cosmetic Act (FDCA). In a civil complaint…

  6. Drug & Device Law

    FDA and Off-Label Communication – Getting Closer to Truth

    By Bexis

    In addition to its recent revamp of its “§510(k)” substantial equivalence clearance process for medical devices, (see our post here), the FDA has also been active with respect to off-label…

  7. Drug & Device Law

    Drug Manufacturer’s Claims Against Compounding Pharmacy Held Impliedly Preempted by S.D. Tex. Notwithstanding Fifth Circuit’s Spano Decision

    By Andrew Tauber

    This post is solely from the non-Reed Smith side of the Blog. A court within the Fifth Circuit has held that the FDCA impliedly preempts unfair-competition and consumer-protection claims asserted…

  8. Drug & Device Law

    Preemption Ends Appeal Of Dyspeptic Supplement Case

    By Eric Alexander

    We have often characterized preemption as one of the most powerful tools in product liability defense lawyers’ toolboxes.  It also gets utilized effectively by lawyers defending against a variety of…

  9. Drug & Device Law

    Contract Claim Based on Alleged CGMP Violations Held Impliedly Preempted

    By Andrew Tauber

    As defense attorneys who represent drug and device companies, we generally cheer when a state-law claim is held preempted by the FDCA. We are, however, not sure whether to cheer…

  10. Drug & Device Law

    Plaintiff’s Expert Doesn’t Measure Up

    By Michelle Yeary

    If a court tells you your only non-preempted claim is one based on a theory that your labeling does not comply with the Federal Food, Drug & Cosmetic Act (“FDCA”),…