Federal Agency Alone May Impose Cosmetic Labeling, J&J Tells Supreme Court

Mealey's (September 16, 2021, 1:08 PM EDT) -- WASHINGTON, D.C. — Courts are “hopelessly split” on whether preemption occurs only after federal agency notice-and-comment rule-making, and absent clarity, manufacturers and consumers face myriad warnings and labels, two Johnson & Johnson entities tell the U.S. Supreme Court in an Aug. 30 petition urging review of a Mississippi Supreme Court ruling allowing consumer protection claims involving the lack of warning about the dangers of ovarian cancer from consumer talc use....