Citing Implied Preemption, First Circuit Affirms Dismissal of Complaint Targeting Lactaid Label Claims

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Citing Implied Preemption, First Circuit Affirms Dismissal of Complaint Targeting Lactaid Label Claims

Dennis Tosh

September 20, 2023 at 08:38 PM EST

A federal appeals court has affirmed a lower court’s dismissal of a complaint brought against the manufacturer and distributor of the dietary supplement Lactaid, concluding that claims in the complaint based on a state consumer protection statute were impliedly preempted by federal law (DiCroce v. McNeil Nutritionals, L.L.C., No. 22-1910, 2023 U.S. App. LEXIS 24712 (1st Cir. S... Read More

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Citing Implied Preemption, First Circuit Affirms Dismissal of Complaint Targeting Lactaid Label Claims

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