A New Look at Preemption: Recent Developments Impacting How Food, Cosmetic and Supplement Defendants May Rely on this Defense in Future Class Actions
Jessica Davidson
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
- Examining the impact of MoCRA on future class action preemption defenses, particularly with regard to PFAS
- Assessing how FDA’s recent guidance (e.g. guidance for determining and declaring the protein grams in a serving) has helped to provide preemption defenses to false advertising in the food, cosmetic, as supplement space
- Analyzing recent case law developments impacting express and implied preemption and how this may be useful to FDA-regulated consumer goods companies
- Truss v. Bayer Healthcare Pharmaceuticals Inc.
- Nexus Pharmaceuticals Inc. v. Central Admixture Pharmacy