Tag Archives: Preemption

State Meat Label Restrictions Face Preemption Challenges

With a focus upon the emerging cell-cultured meat industry, there has been considerable recent discussion about the significance of jurisdictional differences at the federal level between the US Department of Agriculture and the US Food and Drug Administration. Read more … Continue reading

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Ninth Circuit Affirms FDA Preemption in Tossing Vitamin E Supplement Case

There is no denying that, at times, the express claims made on dietary supplement labels may seem to convey a broader implied claim to the consumer regarding the supplement’s performance benefits. While that may be true, last month the Ninth … Continue reading

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Republicans, Democrats Offer Different Views on Preemption During Senate Privacy Hearing

At a February 27, 2019 hearing on “Privacy Principles for a Federal Data Privacy Framework in the United States,” Republican and Democratic members of the Senate Commerce, Science, & Transportation Committee offered different perspectives on whether new federal privacy legislation … Continue reading

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MD Appeals Court Finds Implied Preemption Over Siting of Solar Farm

This post was authored by William Wantz, Esq. A commercial solar farm was proposed for 86 acres adjacent to Cearfoss, a designated rural village in Washington County MD. Washington County’s comprehensive plan and special exception requirement protect rural villages from … Continue reading

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NCOIL to Consider Resolution Asserting McCarran-Ferguson Reverse Preemption over the Supervision of Insurance

When the National Council of Insurance Legislators (“NCOIL”) holds its Annual Meeting in Oklahoma City later this week, it will consider a proposed resolution entitled the “Resolution Asserting McCarran-Ferguson Reverse Preemption over the Supervision of Insurance Companies by the Federal … Continue reading

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