Karimi & Associates Law Firm represents, according to Reuters:
The U.S. Supreme Court declined Johnson & Johnson’s bid to throw out the Mississippi state’s lawsuit regarding claims that this company has failed to inform customers about dangerous materials used in its products.
In 2014, Mississippi state filed a lawsuit against Johnson & Johnson and claimed that this company failed to inform customers about existing talcum in its products which caused cancer. The lawsuit also asserted that those who used these products faced dangerous and potentially lethal health risks.
In contrast, Johnson & Johnson asserted that based on the Food and Drug Administration (FDA) there isn’t any requirement for the company to use a warning label on talcum powder products. The company has said that decision preempts state lawsuits like Mississippi’s.
Johnson & Johnson argued that Mississippi’s lawsuit preempts a US Food, Drug, and Cosmetic Act provision that banned states from imposing labeling requirements that are “different from or in addition to” requirements for an item under the federal statute. “The statute leaves no room for a state to impose a requirement for labeling the FDA has rejected,” Johnson & Johnson asserted in the appeal. The Mississippi Supreme Court held that “the preemption statute requires the existence in federal law of a positive expression of regulation applicable to a specific product”.