January 18, 2024

The Expanding Breadth of Nexus

Drug & Device Law
Eric L. Alexander

Litigation attorney Eric Alexander authored an article featured in Drug & Device Law discussing the evolving landscape of preemption law, particularly in light of the U.S. Court of Appeals for the Ninth Circuit's affirmation of the Nexus decision. In this key case, the court upheld the principle that private enforcement of U.S Food and Drug Administration (FDA) violations is barred, which has had significant implications for economic loss lawsuits in California, especially those pertaining to food labeling and other FDA-regulated products. The article examines the Bubak v. GOLO, LLC case as a pivotal example where the court, following the Nexus precedent, preempted state law claims that attempted to enforce FDA requirements. Mr. Alexander says the decision highlights the judiciary's ongoing struggle to reconcile state laws with federal preemption under the Food, Drug and Cosmetic Act (FDCA).

READ: The Expanding Breadth of Nexus

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