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Product Regulation & Liability

22 October 2020
James Beck We repeat – no second guessing the FDA

USA - Reed Smith LLP

Pre-emption precludes private plaintiffs from second guessing Food and Drug Administration (FDA) decisions on the marketing and classification of the products that the agency regulates. Defence-side parties should take a close look at a recent case which draws together citations to many cases from different areas of the law that have prevented private plaintiffs from second guessing the FDA, particularly with regard to product liability.

Author: James Beck
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