A New Look at Preemption: Recent Developments Impacting How Food, Cosmetic and Supplement Defendants May Rely on this Defense in Future Class Actions

October 17, 2023 11:45am

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