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This post is solely from the non-Reed Smith side of the Blog.

A court within the Fifth Circuit has held that the FDCA impliedly preempts unfair-competition and consumer-protection claims asserted by a drug manufacturer against a compounding pharmacy. Despite generally rooting for drug manufacturers, we are okay with the decision, Zyla Life Scis., LLC v.

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We can sum up the claim in Telebrands Corp. v. Luminas Int’l LLC, like this—hey court, it’s not fair that I’m following the FDA’s rules and my competitors are not, so you should force them to do so to even the playing field.  2023 U.S. Dist. LEXIS 179285 (S.D. Cal. Jul. 12, 2023).  To

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We have often characterized preemption as one of the most powerful tools in product liability defense lawyers’ toolboxes.  It also gets utilized effectively by lawyers defending against a variety of consumer fraud cases about FDA-regulated products.  We have, for instance, covered a number of decisions where plaintiffs complained about a range of food labeling issues

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Kulkarni v. Generics, 2023 U.S.Dist.LEXIS 160730 (S.D.N.Y. Sept. 8, 2023), is an interesting generic preemption (mostly) dismissal involving an “old” (pre-1962) drug.  A pro se plaintiff sued five affiliated pharmaceutical companies alleging that a course of generic prednisone caused her to develop functional myoclonus.  The plaintiff’s theory of the case was that the drug label failed

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We know this is the Drug and Device Law Blog, but the similarities between food labeling preemption and medical device preemption are just too strong for us to pass up.  In both contexts, the FDCA has express preemption provisions.  The Medical Device Amendments to the FDCA, prohibit any state law or regulation “which is different