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Why Preemption Defense Worked In Recent Neutrogena Suits, But Not Others

This article was originally published in The Rose Sheet

Executive Summary

Consumer suits seeking changes to, or disclosures in, J&J/Neutrogena sunscreen labeling claims – beyond what FDA requires – are preempted in accordance with the FDA Modernization Act, which Congress intended to promote national regulatory uniformity, a California appellate court has ruled. OTC drug and cosmetic firms, including J&J, have been less successful with preemption arguments in other cases.

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