Product Liability Update – January 2023

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MASSACHUSETTS – Massachusetts Federal Court Holds State Law Claims Alleging Misleading “Rapid Release” Labeling Of OTC Acetaminophen Tablets Preempted By Federal Food, Drug, And Cosmetic Act, As Tablets’ Dissolution Rate Met FDA Regulations and Guidance For “Immediate Release” And “Rapidly Dissolving,” Verbatim Language Was Not Required For Preemption And Tablets’ Slower Dissolution Than Non- “Rapid Release” Tablets Was Irrelevant. Please see full Update below for more information….
By: Foley Hoag LLP
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