Expand Federal Pre-emption In Supplement Claims Complaints? Not So Fast, Says Ninth Circuit
The ruling reverses district court’s dismissal of class action against CVS after determining the lower court erred in determining federal law pre-empted the consumer plaintiff’s state-law causes of action. It says while consumers are prohibited under California law from arguing that a product doesn’t provide a benefit that isn’t claimed, plaintiffs can demand substantiation for claims that are made.
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Pre-Emption Rulings Could Brighten 'Halo Effect’ For Structure/Function Claims On Labeling
Class action plaintiffs have a narrower window to challenge structure/function claims as misleading under recent Ninth Circuit court ruling that federal law pre-empts state laws concerning product claims. A “headache” for plaintiffs, the ruling provides retailers and manufacturers cause for motions to dismiss.
Biotin And ‘Healthy Hair’: Federal Pre-emption Clips False Advertising Complaint In California
US Ninth Circuit affirms a district court’s summary judgment in favor of Target and manufacturer of Up & Up brand biotin supplement it sells. Indian manufacturer targeted in putative class-action in New York prompted FDA’s 2016 creation of import alert category for Ayurvedic supplements.
Plaintiff Claims Against Beiersdorf For ‘Unlawfully Marketed Drug’ Are Preempted By FDCA, Court Rules
After five and a half years, three dismissal motions and one appeal, Beiersdorf’s prevailed on 15 April by summary judgment in a proposed class action alleging that its Nivea Skin Firming Hydration Body Lotion is an unlawfully marketed drug. Of course, the plaintiff still could appeal.