Bischoff v. Albertsons Co., 2023 U.S. Dist. LEXIS109367 (SDNY June 26, 2023), is another favorable preemption ruling in the current spate of class action strike suits attacking “rapid release” over-the-counter (OTC) products, here acetaminophen, that were marketed in conformity with FDA regulations.
The plaintiff claimed that she purchased a generic form of “rapid release”