News tagged with 'Pre-emption'

As the Bush administration winds down, there is a last minute push toward adding pre-emptive language to agencies that oversee everyday products, which essentially block consumer product liability lawsuits.  

The National Highway Traffic Safety Administration’s (NHTSA) final ruling on seat belts could actually prevent you from taking an action to court if you are injured. Essentially the language says if an auto design is approved by the federal NHTSA, an injured consumer cannot challenge that authority in a state court lawsuit. 

Upon returning for a new term on Monday, the Supreme Court justices weighed a complicated legal battle, whether state laws can be used to challenge deceptive advertising of “light” cigarettes. Altria Group v. Good is the latest case in a growing debate over preemption.

Consumers are increasingly wary about what FDA approval means in light of food and product recalls, unsafe drugs and novel new foods that go virtually unregulated. Yet "FDA approved" is increasingly carrying the weight of the law of the land, stripping you of your right to go to court.  

What Does FDA Approval Mean?  While that promise has traditionally meant an assurance of safety, the FDA is having a difficult time keeping up with its responsibilities. At the same time, "FDA approved" is increasingly being used to strip consumers of their right to take defective products to court.

Diana Levine's case to go before the US Supreme Court in a few weeks is on the front page of the New York Times and may raise the conversation about the trend of federal pre-emption.  Comments that follow the story show the sharp divisions in this country over corporate rights versus the public interest. 

The FDA is moving toward immunity for drug makers from lawsuits, according to a published proposal that pre-empts state law in favor of FDA authority. Former drug lobbyists and lawyers helped steer the FDA's direction.

Injuryboard is trying to raise the profile on federal pre-emption, the legal argument raised by vaccine makers to auto manufacturers to block your access to the courts.  Some in the business community believe its a good idea to streamline government and help corporations stay profitable.     

Two on-line petitions to Congress allow citizens to tell lawmakers what they think about federal pre-emption.  Don't know what means? Pre-emption may not be one of the hot topics in the news, celebrity chat, or featured on your morning talk show, but it has the potential to erode consumer protections and civil rights, potentially more impact on your everyday life than celebrity culture. 

The family of an 11-year-old boy with autism tried to sue three drug makers of vaccines, but a Philadelphia judge has ruled that the companies are shielded from the product liability lawsuit under federal pre-emption because the vaccines were FDA - approved.

The maker of the recalled heart drug Digitek, is recalling all generics made in its New Jersey production facility to avoid any problems like Digitek. Digitek cases continue to climb and they may be exempt from federal pre-emption because of a manufacturing error.

As Zimmer Holdings withdraws the Durom Cup artificial hip socket from the market, the lack of a federal registry for artificial knees and hips means that consumers are kept in the dark when the devices fail.