Topic
Preemption
1,720 published works
Drug & Device Law
Drug Manufacturer’s Claims Against Compounding Pharmacy Held Impliedly Preempted by S.D. Tex. Notwithstanding Fifth Circuit’s Spano Decision
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…
Food Safety News
FDA courted by both sides over California’s ingredient ban
By Dan Flynn
When consumer and environmental groups went to California to ban certain ingredients from food, they hoped to get the FDA’s support for national action. But food manufacturers are also looking…
Drug & Device Law
FDA’s Rules are FDA’s to Enforce
We can sum up the claim in Telebrands Corp. v. Luminas Int’l LLC, like this—hey court, it’s not fair that I’m following the FDA’s rules and my competitors are not,…
Drug & Device Law
SIRVA Case Dismissed on Preemption and Pleadings Grounds
We say today’s case is about SIRVA (shoulder injury related to vaccine administration), but plaintiff tried her best to run from that allegation in her opposition to defendants’ motion to…
Drug & Device Law
Preemption Ends Appeal Of Dyspeptic Supplement Case
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…
Drug & Device Law
Contract Claim Based on Alleged CGMP Violations Held Impliedly Preempted
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…
Drug & Device Law
More Food Labeling Claims Preempted
We know this is the Drug and Device Law Blog, but the similarities between food labeling preemption and medical device preemption are just too strong for us to pass up. …
Inside Class Actions
Another Win for Preemption in Over-The-Counter Drug Labeling Case
By Steve Petkis, Andrew Soukup, Emily Ullman
Recently, there has been a proliferation of putative class actions targeting allegedly misleading statements (or omissions) on the FDA-approved labels for over-the-counter (“OTC”) drugs. Last year, we explained how these…
Drug & Device Law
Plaintiff’s Expert Doesn’t Measure Up
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”),…
Drug & Device Law
District Court Misapplies Implied Preemption In Medication Abortion Case
Since before the Dobbs decision reversed decades of precedent on reproductive rights, we have been looking at the implications for drug and device manufacturers. See here and here. Our posts…