Class Action and Product Insights for Your Business
April 30, 2024 - Class Action, Consumer Products, FDA

Implied Preemption for Dietary Supplements Is Here to Stay

High Court Orders Rethink Of $9.7M Award After TransUnion

On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The plaintiff claimed that the label of a dietary supplement called “Lactaid” should be required to meet the heightened regulatory requirements for drug products. The defendant—and the district court and First Circuit—disagreed.

Read the full client alert.