Georgia Design Defect Claims Preempted By Federal Law For FDA-Approved Drugs In Interstate Commerce
Posted on Oct 16, 2014 in Product Liability | Comments Off on Georgia Design Defect Claims Preempted By Federal Law For FDA-Approved Drugs In Interstate Commerce
The U.S. District Court for the Northern District of Ohio recently found that in a case alleging damages from the use of a birth control patch, even though the plaintiff would have stated a valid design defect cause of action under Georgia law, those claims failed as a matter of law because the defendant manufacturer could not both comply with the state-law duty to alter the composition of its drug and its federal duty not to alter an FDA-approved design. The Georgia design defect cause of action, therefore, was preempted by federal law with respect to FDA-approved drugs sold in interstate commerce.
