9th Circuit: FDCA Does Not Preempt UCL Claims Against CVS In Product Label Dispute

(October 12, 2020, 11:39 AM EDT) -- PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Oct. 9 found that the Food, Drug and Cosmetic Act (FDCA) does not preempt a consumer’s California unfair competition law (UCL) and Consumer Legal Remedies Act (CLRA) claims against CVS Health Corp., reversing and remanding a lower federal court’s dismissal of a putative class action alleging that CVS’s glucosamine-based supplements failed to provide their advertised benefits (James Kroessler v. CVS Health Corporation, No. 19-55671, 9th Cir., 2020 U.S. App. LEXIS 32061)....

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