Dr Malcolm Abel

FDA Preemption of State Law

To Be Presented at NARBLA Boston 2010


The federal preemption doctrine, premised on the Supremacy Clause of the U.S. Constitution, has become very complex. Its application in products liability cases is constantly being challenged in the face of increased federal government regulation and with billions of dollars in profits or losses involved. This paper considers whether compliance with a requirement of FDA preempts a state based claim of stricter requirements. Implications on public health safety are discussed.