1st Circuit Says Lactaid Labeling Claims Are Preempted, Affirms Dismissal

(September 19, 2023, 12:39 PM EDT) -- BOSTON — The First Circuit U.S. Court of Appeals on Sept. 18 affirmed dismissal of a woman’s claim that she was misled into purchasing Lactaid products, with the appeals court finding that her claims are preempted by the U.S. Food and Drug Administration’s statutory enforcement authority under the Food, Drug and Cosmetic Act (FDCA)...