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Eighth Circuit rules adulterated drug claims not preempted by federal law
  • Shook Hardy & Bacon LLP
  • USA
  • February 3 2011

The Eighth Circuit Court of Appeals has reinstated claims for economic injury brought against the maker of a hypertension medication, finding that allegations of adulteration and failure to comply with federal regulations were not impliedly preempted by the Federal Food, Drug, and Cosmetic Act.


Class action filed against soap manufacturer for false advertising
  • Shook Hardy & Bacon LLP
  • USA
  • September 30 2010

An Illinois man has filed a putative class action against the maker of an antibacterial hand soap contending that the product is no better than regular soap at killing germs but is deceptively advertised as superior to other soap products and sold at a premium price.


Infant formula recall followed by class action complaint
  • Shook Hardy & Bacon LLP
  • USA
  • September 30 2010

A Louisiana attorney has filed a putative class action against the company that makes Similac infant formula and a retailer, alleging that they deceptively promoted the product as safe for infant consumption while it was believed to contain "insect pieces and larvae," which "may cause diarrhea, gastrointestinal discomfort, and other serious health problems."