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Supreme Court Declines to Hear Tuna Warning Preemption Case
April 21, 2009By Ricardo Carvajal & John R. Fleder —By Ricardo Carvajal & John R. Fleder –
On April 20, 2009, the U.S. Supreme Court let stand the Third Circuit’s decision in Fellner v. Tri-Union Seafoods. As we discussed in a prior posting, Fellner’s lawsuit contends that Tri-Union is guilty of negligence under New Jersey law for failing to warn consumers of the risks posed by methylmercury in its canned tuna products. The U.S. District Court for the District of New Jersey granted Tri-Union’s motion to dismiss the lawsuit on federal preemption grounds, but the Third Circuit reversed that decision. We will have to see if the Supreme Court’s action not to hear the case now suggests that it will rule in the future that there is no federal preemption of claims such as Fellner’s.
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- We Have an LDT Proposed Rule! September 29, 2023
- Fool Me Once, Shame on You. Fool Me Twice and It’s a Federal Felony—Always? September 29, 2023
- Clinical Trial Diversity: Understanding the Effects of the New Federal Guidelines on Your Clinical Trials September 29, 2023
- FDA Brings its Formal Meetings Guidance Up to Date: What You Need to Know About Type D, INTERACT, and “In-Person” Meetings Under PDUFA September 28, 2023
- Hyman, Phelps & McNamara, P.C. Names Jeff Grizzel Chief Marketing Officer September 26, 2023
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
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- cGMP Compliance
- Consumer Product Safety Commission
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- COVID19
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- Orphan Drugs
- OTC Drugs and Cosmetics
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- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
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