State Law Claims Are Not Preempted, 8th Circuit Rules

ST. LOUIS - Federal law does not impliedly preempt state law claims brought against the manufacturer of a hypertension drug because the Food and Drug Administration is not the "exclusive means of ensuring drug safety and effectiveness," a federal appellate court has ruled. LeFaivre v. KV Pharmaceutical Co., et al., No. 10-1326 (8th Cir.).

On March 3, the 8th Circuit U.S. Court of Appeals further ruled that the plaintiff is not seeking to enforce FDA regulations.

In March 2009, the Food and Drug Administration sued KV Pharmaceutical Co., alleging that it had not manufactured Metoprolol Succinate ER, in accordance with …