Venable’s Los Angeles Office Secures Preemption Victory in California Medical Device Consumer Class Action at the Ninth Circuit


In a ruling issued on September 28, 2011, the United States Court of Appeals for the Ninth Circuit held that federal law preempted California consumer class action claims against the manufacturer of a contact lens cleaning solution because those claims would have required the manufacturer to conduct premarket testing beyond that required by the FDA. Degelmann v. Advanced Medical Optics, Inc., __ F.3d. __, 2011 WL 4470641 (9th Cir. Sept. 28, 2011).

The defendant in Degelmann had marketed its contact lens solution as an effective contact lens disinfectant. Id. at *1. The plaintiffs alleged that the defendant’s solution was less effective than other solutions at disinfecting lenses from one specific type of microorganism, Acanthamoeba, and therefore labeling the product as a “disinfectant” violated California’s Unfair Competition Law and False Advertising Law. Id.

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Published In: Civil Procedure Updates, Communications & Media Updates, Conflict of Laws Updates, Products Liability Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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