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Tylenol Label Warning Complaint Ruling Preempts OTC Monograph Federal Preemption Question

 
• By Malcolm Spicer

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.

• Source: Shutterstock

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.

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