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Preemption › State Law Claims › Federal Food Drug and Cosmetic Act (FFDCA)

Polsinelli

FDA Preemption of State Law for False Labeling Survives Appeal to Supreme Court

Polsinelli on

Manufacturers of dietary supplements, food, beverages, and even medical devices can breathe a little easier following the Supreme Court’s denial of certiorari this week in a case seeking to overturn a First Circuit decision...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Habeas and Hair Loss

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Ninth Circuit declines to extend a recent Supreme Court decision on retaliatory arrest to the immigration bond revocation context, and resolves a particularly hairy preemption question about state-law...more

Proskauer - Advertising Law

Gin Manufacturer Bacardi Avoids Lawsuit for Its Use of “Grains of Paradise”

Proskauer - Advertising Law on

A federal judge in the Southern District of Florida recently dismissed an action alleging that Bacardi’s use of a botanical called “grains of paradise” in its gin was “harmful and illegal,” holding that the statute on which...more

Bilzin Sumberg

Mislabeling Claims Against Poland Spring Water Survive Dismissal

Bilzin Sumberg on

Water: two parts hydrogen, one part oxygen. It seems simple enough, but for companies selling bottled water, liability lurks below the surface. According to a recent lawsuit, consumers care not only about what is in their...more

Butler Snow LLP

Express Preemption of Consumer Protection Actions: Preventing a Patchwork of State Drug and Device Regulations

Butler Snow LLP on

The Supremacy Clause of the United States Constitution declares federal law to be the “supreme Law of the Land.” Thus, when federal law and state law conflict, the state law is “preempted,” or rendered without effect. Under...more

Nutter McClennen & Fish LLP

Product Liability 2018 Year in Review

Nutter McClennen & Fish LLP on

Massachusetts state and federal courts issued a number of important product liability decisions in 2018. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Proskauer - Advertising Law

Eleventh Circuit Works Out Preclusion and Preemption Issues in Protein Powder Dispute

Proskauer - Advertising Law on

On December 4, 2018, the Eleventh Circuit partially reversed the dismissal of Hi-Tech Pharmaceuticals’ suit against HBS International Corp. for alleged violations of the Lanham Act and Georgia’s Uniform Deceptive Trade...more

Proskauer - Advertising Law

District Court Filters Out Preempted “Spring Water” False Advertising Claim

Proskauer - Advertising Law on

Earlier this year, we covered a decision from the District of Connecticut finding state law false advertising claims against the bottled water company Poland Spring preempted by the FDCA. Flowing from that decision is the...more

Proskauer - Advertising Law

Federal “Spring Water” Standards Runneth Over State Claims

Proskauer - Advertising Law on

We often cover cases in which false advertising claims brought under state law are challenged as preempted by a federal regulatory scheme. Poland Spring was a recent target of state law false advertising claims, and...more

Haight Brown & Bonesteel LLP

Feel The Burn: Court of Appeal Strikes Down State Law Claims Regarding Mislabeled Sunscreen Products Under Finding of Federal...

Haight Brown & Bonesteel LLP on

In Eckler v. Neutrogena (certified for publication 7/1/15, Case No. B2536910), the California Court of Appeal, Second Appellate District, upheld the trial court’s determination that plaintiffs’ claims of mislabeling sunscreen...more

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