Texas High Court Finds FDCA Doesn't Deprive State Court of Jurisdiction

AUSTIN - The Texas Supreme Court held in an unpublished opinion Feb. 11 that any preemptive effect given the federal Food, Drug and Cosmetic Act does not deprive Texas state courts of jurisdiction of state-law claims against the makers of an over-the-counter medication. Mills v. Warner Lambert Co., et al., No. 03-1052 (Texas Sup. Ct.).

The high court said, '[w]e disagree with the court of appeals' conclusion that the trial court lacked subject matter jurisdiction. Ordinary preemption operates as an affirmative defense to a plaintiff's state-law claims but does not deprive state courts of jurisdiction over those claims. State-court jurisdiction …