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Federal Food Drug and Cosmetic Act (FFDCA) Implied Preemption

Morrison & Foerster LLP

Implied Preemption for Dietary Supplements Is Here to Stay

On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The...more

McDermott Will & Emery

FDCA’s Exclusive Enforcement Provision Reigns Supreme over State Laws

McDermott Will & Emery on

In its first occasion to interpret § 353b of the Federal Food, Drug, and Cosmetic Act (FDCA), the US Court of Appeals for the Ninth Circuit relied on the “implied preemption doctrine” to affirm a district court’s case...more

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