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ARTICLE · 20 FEBRUARY 2024

Product Liability Update - January 2024

Foley Hoag LLP
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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts...

United StatesConsumer Protection
David Geiger
David Geiger
James M. Gross
James M. Gross
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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 Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance (Allegedly A Disease), And Disclaiming United States Food & Drug Administration (FDA) Approval, Both In Violation Of Federal Food, Drug, And Cosmetic Act (FDCA), Impliedly Preempted, As FDCA Limits Enforcement To FDA And Thus Preempts State Law Claims Predicated Solely On FDCA Violations

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