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Preemption

1,725 published works

  1. Drug & Device Law

    Court Dismisses Nutritional Labeling Class Action on the Basis of Preemption

    By John Sullivan

    The preemption clause in the Nutrition Labeling and Education Act of 1990 is clear and direct.  It prohibits states from imposing nutritional labeling requirements that are not “identical to” federal requirements. …

  2. Drug & Device Law

    Breaking News – Sixth Circuit Affirms Impossibility Preemption of Design Defect Claims Against Branded Manufacturers

    By Bexis

    We’ve been advocating preemption of all product liability design defect claims against prescription drug manufacturers – “whether generic or brand name” – since we read that phrase in Mutual Pharmaceutical…

  3. Drug & Device Law

    When They Don’t Have Anything, They’ll Try Anything

    By Bexis

    The rumblings began shortly after the industry First Amendment victory over the FDA in Amarin Pharma, Inc. v. FDA, ___ F. Supp.3d ___, 2015 WL 4720039 (S.D.N.Y. Aug. 7, 2015).  A…

  4. Retail & Consumer Products Law Observer

    California Supreme Court Rules That Federal Law Does Not Preempt State-Law Claims Over Truthfulness of “Organic” Labels

    By Cheryl A. Falvey, Amy Mersol-Barg

    On December 3, 2015 in a unanimous decision, the California Supreme Court ruled that California state law claims for harms arising out of allegedly false “organic” labeling were not preempted…

  5. Drug & Device Law

    A Funky Preemption Decision from California

    By Michelle Yeary

    Based on that title, we’re guessing you don’t know if we are talking about a defense win or a defense loss.  “Funk” is a contronym – a word that has contradictory meanings.…

  6. Mass Tort Defense

    Preemption Found in Another Drug MDL

    By Sean Wajert

    Implied preemption makes complete sense when it is evident that the FDA would not have permitted label changes that plaintiffs in private litigation s

  7. Drug & Device Law

    Preemption 201 – Recent Cases Raising Specialized Issues

    By Bexis

    In case you haven’t noticed, we like preemption.  We’ve even called ourselves “obsessed” with it.  And with good reason.  Preemption, where it’s available, is the most powerful defense around – capable of wiping out…

  8. Drug & Device Law

    J & J Files Cert Petition in Massachusetts Supreme Court’s Unsupportable Rejection of Preemption Defense in Reckis TEN/Children’s Motrin Case

    By Rachel B. Weil

    Back in April, we blogged about the Massachusetts Supreme Court’s head-scratching rejection of defendants’ preemption defense in Reckis v. Johnson & Johnson, 471 Mass. 272, 2015 Mass. LEXIS 169 (Mass. April 17,…

  9. Drug & Device Law

    Incretin Preemption Part II – California Tosses Failure to Warn Claims Too

    By Michelle Yeary

    This post is from the non-Reed Smith side of the blog. Last week we posted about the decision in In re Incretin-Based Therapies Products Liability Litigation (S.D. Cal.) dismissing plaintiffs’ failure to warn…

  10. Drug & Device Law

    The Ghost of Bendectin – Exorcized by the FDA?

    By Bexis

    Not quite two years ago, we posted about how, under Wyeth v. Levine, 555 U.S. 555 (2009), and subsequent Supreme Court cases, private plaintiffs can’t make claims that so-and-so should have warned about…