New Developments in Product-Liability Law: Recent Decisions Address Express and Implied Preemption

BCLP Counsel Andrew Tauber recently posted two articles on Drug and Device Law, the country’s preeminent blog on pharmaceutical and medical-device law. The articles analyze two recent decisions addressing the preemption of state-law claims under the Food, Drug and Cosmetic Act.

The first article details the Ninth Circuit’s decision in Davidson v. Sprout Foods, Inc., in which the court held that the FDCA does not impliedly preempt food-labeling claims brought under California’s Sherman Law. In the article, Andy explains that Davidson conflicts with both Supreme Court precedent and prior Ninth Circuit law.

The second article discusses Dickson v. Dexcom, Inc., a path-breaking district-court decision holding that the FDCA expressly preempts product-liability claims implicating Class II devices that received “de novo classification.” Andy explains how the decision departs from prior cases and why it is important to medical-device manufacturers.