Product Liability Update - April 2023

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New York and New Jersey. If you find this update useful, please encourage your colleagues and contacts to also register with us on our website. As always, you can access all of our publications at https://foleyhoag.com.

Included in this Issue:

MASSACHUSETTS

• First Circuit Holds Failure-To-Warn Claims Against Drug Manufacturer Preempted By Federal Food, Drug, And Cosmetic Act Because Animal Studies Cited By Plaintiffs Did Not Demonstrate Risks Beyond Those In Studies Already Submitted To FDA And Hence Were Not "Newly Acquired Information" Permitting Defendant To Change Its FDA-Approved Labeling, And There Was "Clear Evidence" FDA Would Have Rejected Labeling Change Because It Later Rejected Similar Labeling With Awareness Of The Cited Studies