A question about whether federal preemption precludes challenges to the safety and labeling of drugs available under a Food and Drug Administration OTC monograph won’t be answered in litigation alleging acetaminophen labeling fails to warn about potential risks.
Tylenol Label Warning Complaint Ruling Preempts OTC Monograph Federal Preemption Question
Preemption not discussed in ruling dismissing plaintiff experts’ testimony other than to note court previously rejected Kenvue’s motion to dismiss based on a preemption argument.
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