FDA Preemption of State Law for False Labeling Survives Appeal to Supreme Court

Manufacturers of dietary supplements, food, beverages, and even medical devices can breathe a little easier following the Supreme Court’s denial of certiorari this week in a case seeking to overturn a First Circuit decision holding that state consumer protection claims that rely on violations of the federal Food, Drug, and Cosmetic Act (“FDCA”) are impliedly preempted….
By: Polsinelli