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Is Implied Preemption a Viable Defense?

September 2017 - DRI's For The Defense
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By Richard Dean, K. Michele Anderson, and Corena Larimer, published in DRI's For The Defense

Courts have issued many preemption decisions involving brand-name and generic drugs in recent years, but only a handful involved over-the-counter (OTC) products. Preemption of claims involving OTC products is a complicated area generally, made much more so by the different regulatory avenues to market and numerous detailed regulations specific to particular drug substances or categories of drugs. This article provides an overview of implied preemption in the world of OTC products.

Read the article here.

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