A lawsuit filed by a woman who alleges she developed mesothelioma from using a cosmetic product tainted with asbestos is not preempted by the federal Food, Drugs and Cosmetics Act because that law's preemption clause, added in 1997, is not retroactive, a Manhattan judge has ruled.
March 19, 2012 at 12:00 AM
1 minute read
A lawsuit filed by a woman who alleges she developed mesothelioma from using a cosmetic product tainted with asbestos is not preempted by the federal Food, Drugs and Cosmetics Act because that law’s preemption clause, added in 1997, is not retroactive, a Manhattan judge has ruled.
Supreme Court Justice Sherry Klein Heitler (See Profile) wrote in a Feb. 22 ruling in Feinberg v. Colgate-Palmolive Co., 190070/11, that failure to warn claims in a lawsuit against the manufacturer could proceed.
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