Different FDA Regs For Devices, Drugs Rule Preemption
November 10, 2009, 5:52 PM EST
Law360, New York (November 10, 2009, 5:52 PM EST) -- Over the past two years, the United States Supreme Court has had two opportunities to address and add to the jurisprudence in the area of federal preemption of state law claims regarding allegedly defective medical devices and prescription drugs, which are both regulated by the U.S. Food and Drug Administration.
In Riegel v. Medtronic Inc., 128 S.Ct. 999 (U.S. 2008), the United States Supreme Court held that the Medical Device Act's preemption clause expressly preempts state law claims challenging the safety and effectiveness of a medical...