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Drug & Device Law

The definitive source for intelligent commentary on the law that matters for drug and device product liability cases

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Another Preemption Win Involving An Economic Loss Class Action And An OTC Drug

By Lisa Baird on August 8, 2024
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As regular blog readers know, we love a clean grant of a motion to dismiss on preemption grounds.  They are relatively common, so it sometimes puzzles us that the plaintiffs’ bar keeps filing plainly preempted claims.

Perhaps some of these plainly preempted lawsuits get filed because the express preemption provision of the FDCA related to…

Posted in over the counter, Preemption

Preemption and OTC Drugs

By Lisa Baird on September 22, 2023
Photo of Lisa Baird

It is fair to say that Bexis co-founded this blog (in 2006!) in part to aid the cause of medical device and pharmaceutical manufacturers, targets in our lawsuit-obsessed country.  Over the years, this blog has come to serve as an important resource for our drug and defense bar colleagues, and Bexis regularly identifies—if not…

Posted in Other, Preemption

CARES Act Dooms Claim Targeting the Marketing of “Infant” Acetaminophen

By Andrew Tauber on May 20, 2021
Photo of Andrew Tauber

Today’s post is a report on Jazmine Harris v. Topco Associates, LLC, ___ F. Supp.3d ___, 2021 WL 1885981 (N.D. Ill. May 11, 2021), which dismissed on preemption grounds a putative class action that challenged as fraudulent the marketing of acetaminophen for infants. The decision, whose result departs from earlier decisions in the area,…

Posted in Preemption

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This blog contains the personal views of the Blogging Team (and of any authors of guest posts) concerning various topics that arise in the defense of pharmaceutical and medical device product liability litigation.

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