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We just saw this post at the Product Liability Profs Blog, telling us that the Texas Supreme Court, in Bic Pen v. Carter, last week reversed a verdict for plaintiff based on Consumer Product Safety Act preemption. The case involved a disposable lighter, which the CPSC specifically regulates.

The profs tell us that the court relied in part on an analogy to the preemption analysis in Riegel v. Medtronic, and the profs’ post provides a link to the decision itself.

Drug & Device Resources

Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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