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Category: Federal Preemption

November 24, 2020 Steven A. Scoggan
Posted in  Federal Preemption

FDCA Preemption: A Powerful Defense in Commercial Litigation, Too.

We’ve often discussed the power of preemption defenses to section 75-1.1 claims. Preemption is also a crucial issue in pharmaceutical and medical device litigation, as the federal Food, Drug & Cosmetic Act (FDCA) has been held to preempt a wide variety of products-liability and consumer-protection claims. Consumer-protection statutes like section […]

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