Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Over the last decade or more, the U.S. Food and Drug Administration has made a number of statements supportive of the pre-emptive effect of its regulatory decisions on private, state-law tort litigation. The first major FDA pronouncement on pre-emption came in an amicus curiae brief filed in the Buckman Co. v. Plaintiffs’ Legal Committee case. No. 98-1768, 2000 WL 1364441 (U.S., filed Sep. 13, 2000, Brief for the United States as Amicus Curiae Supporting Petitioner). The FDA supported implied pre-emption of fraud-on-the-FDA claims because such claims interfered with agency enforcement discretion and potentially distorted the information that the FDA desired to receive.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at cu[email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.