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Neutrogena Pre-emption Defense Stands On California State Court Appeal

This article was originally published in The Tan Sheet

Executive Summary

The FDA Modernization Act promotes regulatory uniformity and pre-empts litigation seeking changes to J&J/Neutrogena sunscreen labeling claims beyond FDA requirements, a California state appellate court says. OTC drug and cosmetic firms have been less successful with pre-emption arguments in other cases.

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