Law360 (October 11, 2019, 3:40 PM EDT) -- For certain consumer products, U.S. Food and Drug Administration regulations mandate specific testing procedures or methodologies that must be followed in order to make particular claims about the product’s features or use. These types of regulations cover, for example, over-the-counter monograph products, such as anti-cavity dental products or sun protection factor sunscreens. These types of regulations also cover nutrient content claims for foods and dietary supplements — everything from sugar content for cereals, to protein content in protein shakes, to vitamin content in supplements.
Federal statutes, in turn, contain express preemption provisions that preclude liability against manufacturers based on testing that does...
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