Prescription Drug Preemption Awaits Resolution

Law360, New York (May 7, 2008, 12:00 AM EDT) -- A recent McDermott "On the Subject" discussed the decision of the Supreme Court of the United States this term in Riegel v. Medtronic Inc., 128 S. Ct. 999 (2008), holding that U.S. Food and Drug Administration (FDA) premarket approval of a Class III medical device preempts state tort law under the express preemption provision in the Medical Device Amendments of 1976. (For more information, see “Supreme Court Holds That FDA Premarket Approval of Class III Medical Device Preempts State Tort Law,” published Feb. 28, 2008.)...
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