Product Liability Update – January 2024

MASSACHUSETTS – First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance (Allegedly A Disease), And Disclaiming United States Food & Drug Administration (FDA) Approval, Both In Violation Of Federal Food, Drug, And Cosmetic Act (FDCA), Impliedly Preempted, As FDCA Limits Enforcement To FDA And Thus Preempts State Law Claims Predicated Solely On FDCA…
By: Foley Hoag LLP
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