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Click here for the full text of this decision FACTS:This case involves an interlocutory appeal of a class-certification order. The primary issue is whether the portions of the Federal Food, Drug, and Cosmetic Act (FDCA) regulating nonprescription drugs deprived the trial court of subject matter jurisdiction to hear claims regarding the efficacy of certain head-lice remedies. The court of appeals concluded that the FDCA preempted the class’s state-law claims and deprived the trial court of jurisdiction to enter its class-certification order. HOLDING:Reversed and remanded. Even if the defendants are correct that the FDCA preempts this state-law claim, however, it does not mean that the trial court lacked jurisdiction over the claim. The court disagrees with the court of appeals’ conclusion that federal preemption, without more, would necessarily deprive the trial court of jurisdiction. the FDCA contains no such “complex and interrelated federal scheme of law, remedy, and administration” that would divest the state courts of jurisdiction. San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236 (1959). The court concludes that the FDCA does not deprive state courts of subject matter jurisdiction to hear claims relating to such products. The court does not decide whether the FDCA would, through ordinary preemption, provide a full defense to the plaintiffs’ claims. OPINION:Per curiam.

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