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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

Photo of Eric Alexander

Stop us if you have heard this before.  A group of plaintiffs bring a purported class action under a range of California consumer protection laws seeking damages related to the purchase of a medical product (or collection of somewhat related medical products) that they claimed failed to comply with FDA requirements.  The defendants raise preemption