Why Preemption Defense Worked In Recent Neutrogena Suits, But Not Others

Consumer suits seeking changes to, or disclosures in, J&J/Neutrogena sunscreen labeling claims – beyond what FDA requires – are preempted in accordance with the FDA Modernization Act, which Congress intended to promote national regulatory uniformity, a California appellate court has ruled. OTC drug and cosmetic firms, including J&J, have been less successful with preemption arguments in other cases.