The Secretary, in carrying into effect the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.], is authorized on and after July 12, 1943, to cooperate with associations and scientific societies in the revision of the United States Pharmacopoeia and in the development of methods of analysis and mechanical and physical tests necessary to carry out the work of the Food and Drug Administration.
Notes of Decisions
Angeles v. Medtronic, Inc., 863 N.W.2d 404 (Minn. Ct. App. 2015).
“*419 Thus, to the extent that appellants’ failure-to-warn claim is based on Medtronic’s failure to warn the FDA, we conclude that this claim is not expressly preempted.”
Paul v. Angeles, (A14-1149), Charlene Mead, (A14-1150), Charles Starovasnik, Jr., (A14-1151), Trudy Marse, (A14-1152), Rebecca Manuel, (A14-1153), Claude Davenport, (A14-1154) v. Medtronic, Inc. (Minn. Ct. App. 2015).
“Thus, to the extent that appellants’ failure-to-warn claim is based on Medtronic’s failure to warn the FDA, we conclude that this claim is not expressly preempted.”
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