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FDCA

242 published works

  1. Drug & Device Law

    Trying To Make Some Sense Out of OTC Economic Loss Decisions

    By Bexis

    Over-the-counter (“OTC”) drugs are protected from civil liability by an express preemption provision that is even stronger than the medical device preemption clause interpreted in Riegel v. Medtronic, Inc., 552…

  2. Drug & Device Law

    A Preemption Two-Fer

    By Bexis

    It’s unusual when the same defendant wins two unrelated cases involving the same product in the same week – and on the same issue.  But it does happen, and recently,…

  3. Inside Class Actions

    Federal Law Preempts Plaintiffs’ Challenges to the Label of a Glucosamine Dietary Supplement, Ninth Circuit Holds

    By Kaixin Fan, Cort Lannin

    The Ninth Circuit recently affirmed summary judgment in favor of a manufacturer of glucosamine dietary supplements, holding that plaintiffs’ state law claims sought to impose requirements different from those under…

  4. Drug & Device Law

    Mifepristone Manufacturer Wins First Round in West Virginia

    By Bexis

    Over the past few months, Bexis, with the substantial help of several Reed Smith associates, has prepared a law review article – “Federal Preemption and the Post- Dobbs Reproductive Freedom…

  5. Drug & Device Law

    Ninth Circuit:  Call a Spray a Spray – Butter Substitute Labeling Claims Preempted by the FDCA

    By Rachel B. Weil

    We start with the usual poodle report – actually with a comment that these may be drawing to a close, as Luca is only a few points from finishing his…

  6. Gender and the Law Prof Blog

    Danco Laboratories Seeks Stay of Preliminary Injunction from U.S. Supreme Court

    By Jamie Abrams

    Danco Laboratories filed its "Emergency Application for Stay of Preliminary Injunction Pending Appeal" in the Alliance for Hippocratic Medicine case.  The Fifth Circuit’s unprecedented order has created regulatory chaos across the country. The…

  7. Health Care and Life Sciences

    FDA Issues Warning Letter to RightEye, LLC For Misbranding and Adulteration

    By Dominick DiSabatino, Arushi Pandya

    On January 31, 2023, the U.S. Food and Drug Administration (FDA) published a Warning Letter[1] to RightEye, LLC (RightEye), the manufacturer of the RightEye Vision System, for misbranding and adulteration.…

  8. Health Care and Life Sciences

    FDA Expands Inspection Guidance to Apply to Device Manufacturers

    By Audrey Mercer

    On December 15, the U.S. Food and Drug Administration (FDA) issued a draft guidance, titled “Circumstances that Constitute Delaying, Denying, Limiting, or Refusing a Drug or Device Inspection” (the “Inspection…

  9. Drug & Device Law

    W.D. Kentucky Dismisses Amlodipine Claims on Preemption Grounds

    By Stephen McConnell

    Bexis has already plugged the Reed Smith Life Sciences CLE programs this week, so we won’t replug  — except to remind you that Rachel Weil and the drudge/author of this…

  10. Drug & Device Law

    D. New Mexico Upholds Vaccine Employment Mandate

    By Stephen McConnell

    We listen to the This American Life show on National Public Radio most weeks, and it often reveals interesting things about, uh, this American life.   On Saturday, as we drove…