Recent Ruling Favors Federal Preemption of State Tort Claims

A United States District Judge in California has ruled recently that the Food and Drug Administration’s (FDA) labeling requirements for generic over-thecounter drugs preempt failure to warn claims based in state tort law. The case, Gaeta v. Perrigo Pharmaceuticals Co., represents a growing trend an important move in favor of federal preemption of state tort claims for drug and device companies.

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