STORY FROM: Drugs & Medical Devices

Manufacturing Defect, Warranty Claims Asserted Against Contact Lens Makers Not Preempted, Calif. Federal Judge Rules

SAN FRANCISCO — Manufacturing defect and breach of implied warranty claims asserted against the makers and seller of contact lenses are not preempted because the plaintiff alleged specific violations of the device’s premarket approval, a California federal judge has ruled.

On May 31, Judge Laurel Beeler of the U.S. District Court for the Northern District of California further held that the claims are not impliedly preempted because the plaintiff does not seek to enforce violations of federal requirements, but rather is using them as a basis for his state law claims.

Stephen Money sued Johnson & Johnson, Johnson & Johnson ...

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