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Home / Courts / Tort/Negligence – Contact Lenses – Civil Practice – Federal Preemption – Pre-Market Approval (access required)

Tort/Negligence – Contact Lenses – Civil Practice – Federal Preemption – Pre-Market Approval (access required)

Weston v. Kim’s Dollar Store Even though the lenses that plaintiff purchased were non-prescription, cosmetic lenses, they had UV protection. As such, they went through the FDA’s pre-market approval process. Therefore, they are subject to the Medical Device Amendments of 1976, and any state-law claim is preempted to the extent that it would impose requirements on the defendant-manufacturer that are different from or in addition to federal regulations.

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